
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.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
April 11
Trump considers measures to return farm and hospitality workers to the US after deportation; Utah labor leaders make final push to get the “Protect Utah Workers” referendum on the state’s ballot; hundreds of probationary National Oceanic and Atmospheric Administration employees were re-terminated
April 10
Chief Justice Roberts pauses reinstatement of NLRB Chairwoman Wilcox and MSBP Chairwoman Harris, former EEOC Commissioner Samuels sues Trump alleging unlawful firing, and unions sue to block Trump executive order targeting collective bargaining agreements at federal agencies that have national security missions.
April 8
D.C. Circuit reinstates Wilcox; DOL attempts to trim workforce again; unions split regarding Trump tariffs
April 7
State legislatures threaten to expand E-Verify coverage; the EEOC enforces at least parts of its PWFA regulations.
April 6
In today’s news and commentary, Alabama enacts paid parental leave for state employees, a new jobs report could be upended by tariff policies, and labor unions help plan mass demonstrations across the country. In Alabama, Governor Kay Ivey signed a bill that provides paid parental leave to state employees, including public school teachers. The law, […]
April 4
Colorado Senate Bill 5 sparks heated debate over union security thresholds; SEIU launches national ad campaign protesting detention of union members; 60,000 UC workers strike over alleged unfair labor practices.