Federal judge considers reinstating NLRB board member fired by Trump
Federal Judge Beryl Howell is currently deliberating on the legality of President Donald Trump’s decision to fire National Labor Relations Board member Gwynne Wilcox. This case bears resemblance to the recent firings of Merit Systems Protection Board Chairperson Cathy Harris and Office of the Special Counsel head Hampton Dellinger.
In a recent ruling, Judge Howell declared that Trump’s dismissal of the head of the Special Counsel was unlawful and that he would be reinstated to his position. The judge acknowledged that this case is likely to escalate to higher courts, potentially reaching the Supreme Court. She emphasized that her courtroom is just a preliminary stop in the legal battle.
Wilcox’s legal team argues that according to congressional statute, NLRB board members can only be removed for neglect of duty or malfeasance. They claim that Trump’s attempt to remove Wilcox was unjustified and unprecedented. They assert that the president overstepped his authority by trying to oust an NLRB member.
During the proceedings, Judge Howell raised the question of the president’s broad powers under Article II to make personnel decisions within the executive branch. She challenged Wilcox’s lawyers on whether it was within a federal judge’s jurisdiction to intervene in the president’s executive powers.
Deepak Gupta, representing Wilcox, defended Congress’s role in making laws and stressed that the president must abide by those laws. He argued against the notion of an all-powerful executive branch, stating that Congress serves as a check on the president’s authority.
On the other side, DOJ lawyer Harry Graver contended that Trump had the legal right to hire and fire individuals within the administration. He maintained that the president’s decision to remove Wilcox was within his purview and not based on malfeasance or neglect.
Judge Howell expressed skepticism towards Graver’s interpretation of presidential power, calling it an extreme version of the unitary executive theory. She took all arguments into consideration and is expected to deliver a verdict soon. In the meantime, Wilcox remains out of her position, causing the NLRB to lack the quorum needed to resolve labor disputes.
This legal battle underscores the ongoing struggle between the executive and legislative branches over the limits of presidential authority. The outcome of this case could have far-reaching implications for the balance of power within the federal government.
Jake Gibson, the Fox News Department of Justice and Federal Law Enforcement Producer, contributed to this report.
