On April 7, 2025, the U.S. Court of Appeals for the District of Columbia held that President Trump’s termination of National Labor Relations Board (“NLRB” or the “Board”) Member Gwynne Wilcox was unlawful. The decision marks the latest round in litigation tug-of-war, reversing a decision reached by a three-judge panel for the D.C. Circuit, and returning to a decision reached by U.S. District Judge Beryl A. Howell on March 6, 2025. For an in-depth summary of the facts and the constitutional issues at stake, please refer to our initial reports on the district court’s ruling here, and subsequent reversal by the three-judge panel here.

The matter arises from President Trump’s decision to terminate Wilcox without notice or cause, violating the requirements set in the National Labor Relations Act (“NLRA” or the “Act”). In doing so, President Trump claimed that his executive power exceeded the limits enacted by Congress in the NLRA, and challenged 90-year-old Supreme Court precedent Humphrey’s Executor v. U.S., 295 U.S. 602 (1935). Humphrey’s Executor stands for the principle that Congress may enact limits on the President’s authority to remove officers of certain types of independent agencies. The district court’s decision cited Humphrey’s Executor and found that Wilcox was illegally fired. Trump appealed this decision, and on March 28, 2025, two Republican-appointed judges on the three-judge panel paused the district court’s ruling and found that restrictions on the President’...

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