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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October 2
Gov. Newsom signs bill regulating AI in workplace; federal judge blocks Trump's $100,000 H-1B visa fee.
October 1
Senate confirms Keith Sonderling as Labor Secretary; Amazon warehouse workers launch an unfair labor practice strike.
September 30
Harvard grad union wins in First Circuit; AI data trainers initiate misclassification suits; Trader Joe’s found liable under ERISA.
September 29
Unions, AI companies, and private equity firms form a new coalition to shape data center policies; unions express support for the Paramount-Warner Bros. merger.
September 28
The Protect College Sports Act nears passage in the Senate; San Francisco municipal workers agree to contract extensions.
September 27
The Trump Administration reaches a settlement with federal unions on reduction in force actions; the United Auto Workers file an en banc petition seeking review of a Second Circuit decision regarding labor arbitrations.