Full D.C. Circuit Court Reinstates Wilcox as NLRB

On the 7th of April 2025, the U.S. Court of Appeals of the District of Columbia ruled that President Trump’s termination of National Labor Relations Board (NLRB) or “Board” Member Gwynne Willcox was illegal. The decision is the latest in a long-running tug-of war, and reverses a decision made by a D.C. three-judge panel. Circuit and returning to the decision made by U.S. district judge Beryl A.Howell on March 6, 2020. Please refer to our initial reports here on the district court ruling and the subsequent reversal of the three-judge panels for a detailed summary of the facts at stake and the constitutional issues involved.

The issue arises out of President Trump’s decision not to give Wilcox notice or cause for termination, which violated the National Labor Relations Act (NLRA or “Act”) requirements. In doing so, Trump claimed that his executive authority exceeded the limits enacted in the NLRA by Congress, and challenged a 90-year-old Supreme Court case Humphrey’s Executor v. U.S. 295 U.S. 602. Humphrey’s Executor is a principle that Congress can limit the President’s power to remove officers from certain independent agencies. The district court’s ruling cited Humphrey’s Executor to find that Wilcox had been illegally fired. Trump appealed this decision, and on March 28, 2025, two Republican-appointed judges on the three-judge panel paused the district court’s ruling and found that restrictions on the President’s power to remove officers of the executive branch are likely unconstitutional.

D.C. Circuit Issues Ruling Restoring Wilcox

As the result of the decision by the three-judge committee, Wilcox filed for a rehearing with the full D.C. Circuit. In a 7-4 decision, the entire D.C. The D.C. Circuit Court of Appeals ruled in Wilcox’s favor, finding her termination unlawful. We simply disagree about how broadly to read it. Looking Ahead

For the moment, Board Member Wilcox is reinstated to the NLRB. This effectively gives the Board a quorum of 3 members to operate under NLRA. This issue is ripe for Supreme Court Review, as Judge Karen Henderson stated in her opinion: “Only the Supreme Court could decide the dispute, and in my opinion, sooner the better.”

We’ll continue to monitor the future developments on our Blog. Employers who have questions about the decision should consult with an experienced labor lawyer.

Story originally seen here