U.S.Court order
Supreme Court turns away fired NLRB member Gwynne Wilcox, leaving at-will removal ruling in place
The U.S. Supreme Court on October 19, 2026, declined to hear Wilcox v. Trump, the challenge by former National Labor Relations Board member Gwynne Wilcox to President Trump's decision to fire her in early 2025. The denial leaves in place a December 2025 D.C. Circuit ruling that the statute letting presidents remove board members only for neglect of duty or malfeasance violates the separation of powers.
Order (Supreme Court of the United States) → · Bloomberg Law, SCOTUSblog
Key points
- Trump did not allege neglect of duty or malfeasance when he removed Wilcox about a week into his second term.Bloomberg LawSCOTUSblog
- Judge Gregory Katsas wrote for the D.C. Circuit majority that Congress cannot restrict removal of NLRB members, who wield substantial executive power.SCOTUSblog
- Wilcox argued the NLRB differs from the FTC, whose member's removal the Court upheld in Trump v. Slaughter in June.Bloomberg Law
- The Court had paused orders reinstating Wilcox in May 2025, clearing the way for her removal while the case proceeded.SCOTUSblog
- The order list records the denial with no noted dissents; Wilcox, represented by Gupta Wessler, said she was disappointed.Supreme Court of the United StatesBloomberg Law
Sources3 articles across 3 outlets
Bloomberg Law
SCOTUSblog
Supreme Court of the United States