Supreme Court declines to review firing of Democratic NLRB member by Trump

Justices reject appeal from Gwynne Wilcox, the first Black woman to serve on the board, in another move strengthening presidential removal power

By LineZotpaper

Published20 October 2026

Read Time2 min

The U.S. Supreme Court on Monday declined to hear an appeal from a Democratic-appointed member of the National Labor Relations Board who challenged the legality of her firing by President Donald Trump, marking another step in the erosion of protections for independent federal agencies.

The justices turned away former NLRB member Gwynne Wilcox's appeal of a lower court ruling that upheld Trump's January 2025 decision to remove her. Wilcox, the first Black woman to serve on the board, was appointed to a second five-year term by Democratic former President Joe Biden in 2023. Trump fired her about a week into his second term.

The court's action follows its June decision backing Trump's firing of Rebecca Slaughter, a Democratic Federal Trade Commission member. That ruling overturned a 1935 precedent, Humphrey's Executor, which had allowed Congress to shield leaders of some regulatory agencies from at-will presidential removal. The Slaughter decision capped a decades-long conservative push to strengthen the president's grip on government power.

White House officials have described Wilcox's firing as part of a broader shakeup of the federal workforce, including the removal of thousands of workers and the dismantling of agencies. In March 2025, U.S. District Judge Beryl Howell upheld a federal law protecting NLRB officials from being fired without cause, rejecting Trump's argument that the law encroached on constitutional executive authority. The U.S. Court of Appeals for the District of Columbia Circuit reversed that ruling in a 2-1 decision in December 2025, prompting Wilcox's appeal to the Supreme Court. The high court's refusal to hear the case leaves the appeals court decision in place.

Analysis

Why This Matters

The ruling cements the president's authority to fire members of independent agencies at will, reshaping the structure of federal regulatory power.
It reduces the independence of agencies like the NLRB, which were designed by Congress to operate without direct presidential control.
The decision follows a landmark June ruling that overturned decades of precedent, signaling a sustained shift in the balance of power between the executive branch and independent commissions.

Background

The dispute over presidential removal power has been a central legal question since the founding. The 1935 Supreme Court case Humphrey's Executor v. United States established that Congress could limit the president's ability to fire members of certain independent agencies. That precedent protected leaders of bodies like the FTC and NLRB from removal without cause. Conservative legal advocates had long argued that such limits unconstitutionally infringed on the president's executive authority under Article II of the Constitution. The court's June ruling in the Slaughter case effectively overturned Humphrey's Executor, and the current decision extends that logic to the NLRB.

Key Perspectives

Trump administration officials: The president has constitutional authority to remove executive branch officials at will, and the law that purported to limit that power was invalid. Former NLRB member Gwynne Wilcox and lower court dissenters: The federal law protecting NLRB members from at-will firing was a lawful exercise of Congress's power to structure the government, and the president's removal was illegal. Critics of the decision: The court is dismantling the independence of regulatory agencies, making them more vulnerable to political pressure and weakening their ability to enforce laws impartially.

What to Watch

Further lawsuits from other fired agency officials, including at the Consumer Financial Protection Bureau and the Federal Communications Commission.
Whether Congress attempts to pass new statutes restructuring agencies to preserve some independence within the bounds allowed by the court's new framework.
Legislative or executive action that could lead to additional Supreme Court clarification on the scope of removal power over officers in independent agencies.

Sources

Supreme Court won't review Trump's firing of labor board member · US Top News and Analysis

Checked

10 claims in this story checked against 1 source: 9 supported.

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SupportedSupreme Court declines to review firing of Democratic NLRB member by TrumpUS Top News and Analysis: “The Supreme Court declined on Monday to hear a bid by a Democratic-appointed member of the National Labor Relations Board to challenge the legality of her firing by President Donald Trump.”
SupportedJustices reject appeal from Gwynne WilcoxUS Top News and Analysis: “turned away former NLRB member Gwynne Wilcox's appeal”
SupportedWilcox is the first Black woman to serve on the boardUS Top News and Analysis: “Wilcox, the first Black woman to serve on the agency's board”
SupportedThis is another move strengthening presidential removal powerUS Top News and Analysis: “The Slaughter decision capped a decades-long conservative push to strengthen the president's grip on key levers of government power.”
SupportedThe court's action follows its June decision backing Trump's firing of Rebecca SlaughterUS Top News and Analysis: “The court's action follows its June decision backing Trump's firing of Rebecca Slaughter, a Democratic Federal Trade Commission member.”
SupportedThat ruling overturned a 1935 precedent, Humphrey's Executor, which had allowed Congress to shield leaders of some regulatory agencies from at-will presidential removalUS Top News and Analysis: “That ruling overturned the court's 1935 precedent in a case called Humphrey's Executor that had recognized the authority of Congress to protect leaders of certain regulatory agencies from presidential removal at will.”
Partly supportedWhite House officials have described Wilcox's firing as part of a broader shakeup of the federal workforce, including the removal of thousands of workers and the dismantling of agenciesUS Top News and Analysis: “Trump's move to oust Wilcox from the NLRB was part of his shakeup and downsizing of the U.S. government, including firing thousands of workers, dismantling federal agencies...”
SupportedIn March 2025, U.S. District Judge Beryl Howell upheld a federal law protecting NLRB officials from being fired without cause, rejecting Trump's argument that the law encroached on constitutional executive authorityUS Top News and Analysis: “U.S. District Judge Beryl Howell in March 2025 upheld a federal law protecting NLRB officials from being fired without cause, rejecting Trump's argument that the measure passed by Congress encroaches on authority granted to the president under the U.S. Constitution.”
SupportedThe U.S. Court of Appeals for the District of Columbia Circuit reversed that ruling in a 2-1 decision in December 2025, prompting Wilcox's appeal to the Supreme CourtUS Top News and Analysis: “That ruling was reversed in a 2-1 decision by the U.S. Court of Appeals for the District of Columbia Circuit in December 2025, prompting Wilcox's appeal to the Supreme Court.”
SupportedThe high court's refusal to hear the case leaves the appeals court decision in placeUS Top News and Analysis: “The Supreme Court declined on Monday to hear a bid...”