Supreme Court Decides Against Reinstating Wilcox as NLRB As They Rule on Her Termination – NLRB Remains without a Quorum
On the 22nd of May 2025, The U.S. Supreme Court ruled that Gwynne Willcox, a member of the National Labor Relations Board (NLRB), could not return to work until she challenged President Donald Trump’s decision terminating her without cause. The latest court decision is the latest in a series of court decisions that have been made since Trump terminated Wilcox’s employment in January 2025. The central issue revolves about a 90-year-old precedent Humphrey’s Executor v. U.S. 295 U.S.602 (1935), which limits the President’s ability to fire employees in independent agencies. The latest Supreme Court order does not represent a decision in the merits but is likely a precursor to what is to come. The order was divided 6-3 along ideological lines. This likely indicates that a majority of the justices believes Humphrey’s executor is not good law, or is distinguishable in relation to the NLRB. The Supreme Court said it would not issue a final decision until both parties have argued and briefed the central issue. The NLRB has no quorum of three members to hear cases and Wilcox is still removed from her post. The Supreme Court stated that the stay “reflects the Court’s judgment that the government is at greater risk from an order allowing the removed officer to continue exercising executive power than the officer who was wrongfully removed faces from not being able to perform her statutory duties.”
We continue to monitor the future developments as this case is heard. Employers who have questions about the decision should consult with an experienced labor lawyer.
