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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July 14
DOJ opens investigation of UAW president; LIUNA protests Pfizer building collapse; national park workers unionize
July 13
New York Times files retaliation suit against the EEOC; US government pushes back TPS designation termination for Haiti; federal judge grants preliminary injunction to federal workers seeking reasonable telework accommodations.
July 12
Postal workers demand investigation into Atlanta distribution center conditions following deaths; University of Chicago Press Workers vote to unionize.
July 10
Brigham and Women’s Hospital locks out 4,000 nurses after one-day strike; appeal filed challenging agency-shop agreements.
July 9
The Second Circuit declines to vacate an arbitration award over a nursing union dispute; federal workers sue the Department of Defense for termination of union contracts; New York City announces settlement with companies for violating New York work laws.
July 8
DOL plans to make changes to the PERM immigration program; three-day hearing on proposed forced-labor tariffs is underway; Mamdani recovers $2.3M in corporate settlements.