A federal court has ruled that Gwynne Wilcox remains a full member of the National Labor Relations Board (NLRB), determining her dismissal by President Donald Trump was unlawful. Following her dismissal, Wilcox filed a lawsuit against the Trump Administration. On February 28, Attorney General Ellison led a coalition of 20 attorneys general in filing an amicus brief supporting Ms. Wilcox.
The court stated, “in the ninety years since the NLRB’s founding, the President has never removed a member of the Board. His attempt to do so here is blatantly illegal, and his constitutional arguments to excuse this illegal act are contrary to Supreme Court precedent and over a century of practice.”
Attorney General Ellison remarked, "Today’s ruling is a victory for the rule of law and for the rights of working people across America." He emphasized the importance of the NLRB's role in protecting workers' rights and criticized Trump's actions as troubling for those who support these rights.
President Trump attempted to dismiss Wilcox on January 27, 2025, during her five-year term, leaving only two members on the five-member board and incapacitating it. The amici states argued that maintaining a functioning NLRB is essential for enforcing labor laws nationwide.
The NLRB enforces key American labor laws including unionization and collective bargaining protections. The amici states contended that Wilcox's firing created a regulatory vacuum.
Presidents appoint NLRB members but can only remove them for neglect or malfeasance. The court found Wilcox was dismissed not for these reasons but due to political differences with Trump's administration. The court noted that such removal damages "the NLRB’s character and perception as neutral and expert-driven."
The amicus brief highlighted that NLRB independence ensures stability in labor law enforcement beneficial to national labor relations.
The coalition submitting the amicus brief included attorneys general from Arizona, California, Colorado, Connecticut, Delaware, D.C., Hawai’i, Illinois, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Wisconsin under Attorney General Ellison's leadership.