Gwynne Wilcox, former member of the National Labor Relations Board. Courtesy photoTrump’s Firing of NLRB Member Could Spark Review of Supreme Court Precedent
President Donald Trump's firing of Gwynne Wilcox spurred the now former NLRB member to say she will be "pursuing all legal avenues" to challenge her removal from the five-member board three years before her term was set to expire, according to media reports.
January 29, 2025 at 05:55 PM
4 minute read
President Donald Trump’s removal this week of a Democratic National Labor Relations Board member could tee up a dispute over the breadth of a 90-year-old Supreme Court precedent that restricts the president’s power to remove appointees to independent multimember agencies.
“I actually think this is a great vehicle for reconsideration of Humphrey’s Executor,” said Crowell & Moring partner Daniel Wolff, referring to the 1935 high court decision that said the president cannot remove without cause members of agencies such as the Federal Trade Commission, the agency at the center of that long ago case.
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