Attorney General Keith Ellison has spearheaded a coalition of 20 attorneys general in submitting an amicus brief in the case of Wilcox v. Trump, currently before the U.S. District Court for the District of Columbia. The brief supports Gwynne Wilcox, a member of the National Labor Relations Board (NLRB), who is contesting her dismissal by President Donald Trump.
President Trump dismissed Wilcox on January 27, 2025, during her five-year term on the NLRB. This action left only two members on the five-member board, incapacitating it due to lack of quorum. The coalition argues that this move undermines labor law enforcement across America and urges the court to reinstate Wilcox.
"Today, I’m standing up to Donald Trump’s attempt to gut protections for working people across the country by shutting down the NLRB’s ability to function," said Attorney General Ellison. He emphasized that without a functioning NLRB, workers' rights to unionize and bargain are jeopardized.
The National Labor Relations Act (NLRA) was signed into law in 1935 by President Roosevelt. It ensures American workers' rights to join unions and engage in collective bargaining while protecting them from retaliation for union-related activities. The NLRB was established as an independent federal agency with authority over these matters.
The coalition's brief highlights Supreme Court precedent granting broad authority to the NLRB over labor relations conduct, preempting state regulation in this area. Without a functioning NLRB, there is a significant regulatory vacuum harming workers nationwide.
By removing Wilcox and rendering the NLRB non-functional, the amici states argue that Trump's administration has deprived American workers of essential protections guaranteed under federal law. They stress that this void could destabilize labor relations and negate economic benefits provided by unions.
Union employees typically earn higher wages and receive better benefits than non-union counterparts; even non-union employees benefit indirectly from increased union membership through wage growth.
For these reasons, the amici states urge expedited summary judgment allowing Wilcox to resume her duties on the NLRB.
Joining Attorney General Ellison are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Washington D.C., Hawai’i, Illinois, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York Oregon Rhode Island Vermont Wisconsin