On October 19, 2026, the Supreme Court of the United States declined to hear a case brought by former National Labor Relations Board (NLRB) member Gwynne Wilcox, who had asserted that statutory for-cause removal protections for NLRB members limited the president’s authority to remove her from office in 2025.

Quick Hits

• The Supreme Court declined to hear former NLRB member Gwynne Wilcox’s challenge regarding the president’s authority to remove NLRB members, effectively ending her case for reinstatement.
• This decision leaves in place a D.C. Circuit decision holding that the president’s power to remove NLRB members could not be restricted by Congress.
• The decision aligns with Trump v. Slaughter, in which the Court upheld the president’s authority to remove a Federal Trade Commission member without cause. It is now clear that the Slaughter decision extends to NLRB members.

Discussion

The Supreme Court denied the petition for a writ of certiorari in Wilcox v. Trump, without explanation, as is customary. The denial puts an end to Wilcox’s legal challenge seeking reinstatement. In light of its decision in Trump v. Slaughter, the high court saw no need to examine the language of the National Labor Relations Act (NLRA) limiting removal for “neglect of duty or malfeasance in office.” Such congressionally imposed restrictions were held in Slaughter to violate the United States Constitution’s separation of powers.

The denial leaves in place a decision by the U.S. Court of Appeals...

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