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Top Five Labor Law Developments for April 2025 - Jackson Lewis

Thu, May 8, 2025 08:20 ET
in Press Release

  1. U.S. Supreme Court Chief Justice John Roberts temporarily halted a U.S. Court of Appeals for the D.C. Circuit Court order reinstating National Labor Relations Board Member Gwynne Wilcox. Trump, et al. v. Wilcox, et al., No. 24A966 (Apr. 9, 2025). Following President Donald Trump’s unprecedented termination of Board Member Wilcox, the D.C. Circuit issued an en banc order reinstating her to the Board, citing the Court’s 1935 decision in Humphrey’s Executor that upheld the constitutionality of for-cause removal protections for federal agency leaders. The Trump Administration filed an emergency application to the Court for a stay of the D.C. Circuit’s order, arguing subsequent case law narrowed Humphrey’s Executor to apply only to multi-member agencies that do not wield substantial executive power, making the case inapplicable to the Board. Although Chief Justice Roberts’ order temporarily pauses Wilcox’s reinstatement, Wilcox has filed a response to the stay application urging the Court to deny the stay until the D.C. Circuit can issue a decision on the merits of the case. Wilcox also requested that the Court deny the Trump Administration’s petition for certiorari before the D.C. Circuit’s decision, arguing the request to rush the Court’s normal appeal procedures is unwarranted.
  2. A Washington, D.C. federal judge blocked President Trump’s executive order (EO) aiming to exclude certain federal agencies and their subdivisions involved in national security from collective...


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