President Donald Trump didn’t waste time making waves at the National Labor Relations Board (NLRB). His decision to fire Democratic board member Gwynne Wilcox and General Counsel Jennifer Abruzzo is already triggering legal battles, and it’s shaping up to be a long, messy fight over how much control the president has over independent agencies.
The NLRB Firings That Kicked Off the Chaos
On January 28, 2025, Trump removed Wilcox and Abruzzo, both appointed by Democrats, arguing that the NLRB had gone too far in restricting employers’ rights. In an email from the White House, Trump made it clear he wasn’t interested in the usual rules that protect NLRB members from arbitrary removal. He cited Article II of the Constitution, claiming that any restrictions on his ability to fire board members don’t hold up under his executive authority.
Basically, Trump is saying the president should have free rein to remove agency officials whenever they don’t align with his administration’s goals. He even pointed to the Supreme Court’s Seila Law LLC v. CFPB (2020) decision, which allowed the president to remove the Consumer Financial Protection Bureau’s director as justification.
Wilcox Isn’t Going Quietly
Wilcox isn’t just accepting Trump’s decision—she’s suing. Her lawsuit, filed in the U.S. District Court for the District of Columbia, argues that her removal violates the National Labor Relations Act, which only allows the president to fire board members “upon notice and hearing, for neglect of duty or malfeasance in office.”
In her statement, Wilcox made it clear that she believes this is about more than just her job. “When Congress established the National Labor Relations Board almost 90 years ago, it made sure that the law would protect its independence from political influence,” she said. Her case could end up being a test of how much power presidents actually have over agencies like the NLRB, with some legal experts predicting it will go all the way to the Supreme Court.
The Fifth Circuit’s SpaceX Case and the Bigger Picture
Meanwhile, the Fifth Circuit is already dealing with another case that could impact this fight. SpaceX and other employers have argued that the NLRB’s structure is unconstitutional (Paywall), claiming that its members and administrative law judges have too much job protection. The Fifth Circuit has been a hotbed for cases like this, and legal experts think it’s setting the stage for another big Supreme Court showdown.
To make things even more interesting, Elon Musk, a Trump adviser, runs SpaceX, adding another layer of political drama to the situation. If the Fifth Circuit rules in favor of SpaceX, it could give Trump even more ammunition in defending his decision to fire Wilcox and Abruzzo.
A New Acting General Counsel Steps In
Adding another twist, on February 3, 2025, Trump appointed William B. Cowen as the new acting general counsel of the NLRB. Cowen, who has been with the NLRB since 1979 and previously served as a board member in 2002, was the regional director of the Los Angeles office before this appointment. This move comes after Trump fired Abruzzo and her brief successor, Deputy General Counsel Jessica Rutter.
What’s Next?
So, where does this all go from here? The lawsuits are piling up for now, and it’s only a matter of time before higher courts weigh in. If Wilcox’s case moves quickly, we could see the Supreme Court take another look at Humphrey’s Executor v. United States, the 1935 case that gave independent agencies some protection from presidential interference.
Whether or not the courts side with President Trump, one thing’s clear: the fight over the NLRB isn’t ending anytime soon.
