Supreme Court declines to review former NLRB member's dismissal case
The Supreme Court refused to hear Gwynne Wilcox's challenge to her termination, leaving a lower-court ruling intact.
Gwynne Wilcox, who served on the National Labor Relations Board, asked the Supreme Court to examine her removal by President Donald Trump on Jan. 27, 2025. The Court declined to grant certiorari, offering no explanation and thereby preserving the D.C. Circuit's earlier judgment. That lower-court ruling concluded the board wields substantial executive power, so Congress cannot restrict the president's ability to dismiss its members.
The statutory framework allows removal only for neglect of duty or malfeasance following notice and a hearing. In a related June 29 decision, the Court overturned the 1935 Humphrey’s Executor precedent, affirming broad presidential authority over agencies like the Federal Trade Commission. Chief Justice John Roberts emphasized that such agency actions fall within core executive functions. Consequently, Wilcox's challenge remains unresolved on the merits.
Why it matters
The decision reinforces presidential authority to remove agency officials, shaping the balance of power between the executive and Congress.
How the sides frame it
LOW AGREEMENTCenter coverage concentrates on the Trump administration arguing the president’s authority to remove a U.S. attorney, while right-leaning coverage highlights the Supreme Court’s refusal to review a former NLRB member’s dismissal and emphasizes the court’s preservation of broad presidential power over agencies.
CENTER
Center coverage frames the story around the legal question of whether a president can remove a court-appointed U.S. attorney, presenting the administration’s argument as a constitutional issue.
RIGHT
Right-leaning coverage frames the story as the Supreme Court’s denial of review, underscoring the decision’s effect in maintaining a lower-court ruling that affirms extensive presidential authority to dismiss agency members.
The right emphasises
- "Supreme Court declined to grant certiorari, offering no explanation"
- "preserving the D.C. Circuit's earlier judgment"
- "the board wields substantial executive power, so Congress cannot restrict the president's ability to dismiss its members"
In this story
