A Washington, D.C., district court judge decided on March 6 that President Donald Trump unlawfully dismissed Gwynne Wilcox, a Democrat, from the National Labor Relations Board (NLRB). The board, which was down to two members after the firing, has a quorum again now that Wilcox has been reinstated. The Trump administration has appealed the decision.

Wilcox announced she would challenge her termination from the board, which she said must be for cause, soon after it happened.

Similarly, two commissioners on the U.S. Equal Employment Opportunity Commission — Jocelyn Samuels and Charlotte Burrows — whom Trump fired, said they would explore their legal options to challenge their removal.

Supreme Court Precedent Hangs in the Balance

The district court judge acknowledged the administration’s argument that the U.S. Supreme Court may overturn a 90-year-old decision, Humphrey’s Executor v. United States, restricting the president’s power to remove members of independent agencies. But the judge said that until and unless the high court acts, current law supports keeping Wilcox in her role.

Supreme Court Likely to Review Issue

The Supreme Court will likely soon decide on whether Congress can protect executive branch officials from being fired by the president without cause. Wilcox’s case might get consolidated into ongoing litigation over whether Cathy Harris was unlawfully removed from the U.S. Merit Systems Protection Board. A judge reinstated Harris last month.

Wilcox’s Argument

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