Today, the U.S. District Court for the District of Columbia ordered the reinstatement of Gwynne Wilcox to the National Labor Relations Board (NLRB). The decision came after Michigan Attorney General Dana Nessel and a coalition of attorneys general filed an amicus brief supporting Wilcox's lawsuit. They argued that a fully functioning NLRB is essential for enforcing labor laws across the United States.
Wilcox was appointed by President Biden and confirmed by the U.S. Senate for a term set to expire in 2028. However, she was dismissed by President Trump on January 27, 2025, during her five-year appointment. This action left only two members on the five-member board, incapacitating it as it requires at least three members to function.
Judge Beryl Howell stated that President Trump's actions were "blatantly illegal" and contrary to Supreme Court precedent and historical practice. She emphasized that no president has ever removed an NLRB member since its founding ninety years ago.
Attorney General Nessel commented on the importance of the NLRB in protecting workers' rights through various administrations. She criticized President Trump's actions as they removed protections for millions of American workers and expressed appreciation for Judge Howell’s swift ruling.
Wilcox's dismissal was seen as contrary to the National Labor Relations Act (NLRA), which outlines terms for board appointments and dismissals.