Legal Action

The plaintiff in this case, Gwynne A. Wilcox, was the Chair of the National Labor Relations Board (NLRB) starting in December 2024, and had previously been a member of the NLRB since August 2021. Upon returning to the presidency in January 2025, President Trump removed Wilcox from her position as Chair and replaced her with Marvin E. Kaplan. Wilcox has sued Trump and Kaplan, claiming that her termination violates the National Labor Relations Act, which states that an NLRB member may be removed by the President only in cases of “neglect of duty or malfeasance in office,” and then only after receiving notice and hearing. Having received no notice or hearing prior to being removed, as well as no proper accusation of neglect of duty or malfeasance, Wilcox argues that the court should declare her removal unlawful, and requests that the court order an injunction against Kaplan, requiring him to reinstate her as a member of the board.

On Mar. 6, 2025, a district court entered a judgment ordering Wilcox be restored to her position. An appeal ensued, culminating with the Supreme Court granting an emergency stay of the district court’s order on May 22, 2025.