The U.S. Court of Appeals for the D.C. Circuit has ruled that National Labor Relations Board Member Gwynne Wilcox will return to work while she challenges her removal. This latest decision reverses a prior decision by a three-judge panel on the same court, which had kept Wilcox out of her job while her case went forward. This latest decision puts the Board back to three active members, which allows it to resume normal operations with a reconstituted quorum. But the decision is unlikely to be the last word, as the case will inevitably be presented to the U.S. Supreme Court.

The case involves a dispute over the president’s power to fire Board members. Under the National Labor Relations Act, the president can fire a Board member only for “neglect of duty” or “malfeasance.” He must also give the member notice and a hearing. When President Trump took office, he terminated Wilcox without notice or a hearing, arguing that the Act’s removal rules were unenforceable because they improperly limited his ability to manage the Board’s members.

Wilcox sued to challenge her removal. The U.S. District Court for the District of Columbia initially sided with her and ordered that she be allowed to go back to work. The administration then appealed to the D.C. Circuit. A three-judge panel then paused the district court’s order, keeping Wilcox out of her job while the case proceeded. Wilcox then asked the full D.C. Circuit to review that decision. Now, the full D.C. Circuit Court has again...

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