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The judge further noted that “nothing in the Constitution or the historical development of the removal power has suggested the president’s removal power is absolute.” She concluded that Wilcox’s firing was a “blatant violation of the law.”
Trump has already filed a notice of appeal, signaling that this legal battle is far from over. The ruling cited the 1935 Supreme Court case Humphrey’s Executor v. United States, which upheld restrictions on the president’s authority to remove members of independent agencies. Howell pointed to this precedent to argue that Wilcox’s role on the NLRB is protected from at-will termination.
“The Supreme Court explicitly upheld removal restrictions for such boards when considering removal protections for the commissioners of the FTC in Humphrey’s Executor in 1935, while also recognizing the President’s general authority over removal of executive branch officials,” Howell wrote.
She further warned that allowing Trump’s action to stand would lead to “executive overreach” and bring the nation closer to “autocracy.”
This ruling follows similar cases involving Cathy Harris and Hampton Dellinger, where the courts determined that certain positions within independent federal agencies enjoy protection from politically motivated firings.
With Trump’s appeal already in motion, the case could make its way to the U.S. Supreme Court, where justices may have the opportunity to reevaluate Humphrey’s Executor and potentially redefine presidential removal powers.
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The decision marks yet another legal setback for Trump, who continues to face resistance from the judiciary over his bold efforts to reshape federal agencies. The battle over executive authority is far from over, and this case could set a precedent for future presidents seeking to remove members of independent agencies.
For now, Gwynne Wilcox is back at the NLRB, and the fight over Trump’s authority to fire agency members is headed for another round in the courts.
