John Fry is a student at Harvard Law School.
NLRB Member Gwynne Wilcox may be experiencing whiplash right now. President Trump attempted to terminate her shortly after his inauguration in January. On March 6, the District Court for the District of Columbia ordered that Wilcox could retake her seat. On March 28, a D.C. Circuit panel stayed the district court’s order, keeping Wilcox at home pending the case’s full consideration. On April 7, the full D.C. Circuit reversed the panel, handing Wilcox another victory. In a terse order, a majority of the circuit noted that the Supreme Court has declined to overrule Humphrey’s Executor and that lower courts must “leav[e] to the Supreme Court the prerogative of overruling its own decisions.”
The Court may be exercising that prerogative. On Wednesday afternoon, it stayed the D.C. Circuit’s decision, meaning that Wilcox is once again sidelined for the time being. The Court asked Wilcox to file a response by Tuesday, indicating that the current stay is likely to be a short-term measure while the Court decides how to proceed with the case. This approach is in keeping with what appears to be a broader attempt by the Court to avoid showdowns with the Trump administration, delaying controversial cases on technical grounds and sending them back to lower courts when possible. However, given the relative legal simplicity of Wilcox’s case, a full ruling from the Court could come soon.
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April 21
Trump's labor secretary resigns; NYC doormen avoid a strike; UNITE HERE files complaint over ICE concerns at FIFA World Cup
April 20
Immigrant truckers file federal lawsuit; NLRB rejects UFCW request to preserve victory; NTEU asks federal judge to review CFPB plan to slash staff.
April 19
Chicago Teachers’ Union reach May Day agreement; New York City doormen win tentative deal; MLBPA fires two more executives.
April 17
Los Angeles teachers reach tentative agreement; labor leaders launch Union Now; and federal unions challenge FLRA power concentration.
April 16
DOD terminates union contracts; building workers in New York authorize a strike; and the American Postal Workers Union launches ads promoting mail-in voting.
April 15
LAUSD school staff reach agreement; EBSA releases deregulatory priorities; Trump nominates third NLRB Republican.