March 6, 2025: She Declared Trump’s Removal of NLRB Member Wilcox Unlawful. The Supreme Court Stayed Her.

DOCUMENTED

Official portrait of President Donald J. Trump, 2017

Donald J. Trump, official White House portrait, 6 October 2017. Shealah Craighead. U.S. government work.

Wilcox v. Trump, Civil Action No. 25-334 (BAH). On March 6, 2025, Howell granted the plaintiff’s motion for summary judgment. The order declared that the termination of Gwynne A. Wilcox as a member of the National Labor Relations Board was unlawful under 29 U.S.C. § 153(a) and therefore null and void, and enjoined treating her as removed. The memorandum opinion is on the public docket (ECF 35); the order is ECF 34.

The opinion applies Humphrey’s Executor and related removal cases. It is a district-court judgment. On May 22, 2025, the Supreme Court in Trump v. Wilcox, No. 24A966, stayed the March 6 order (and a related MSPB order) pending appeal. A stay is not a final ruling on the merits. A district-court declaration is not a Supreme Court holding.

The Washington Times reported the March opinion, including the line that the President’s interpretation of removal power was “flat wrong.” That quote is in the reporting and tracks the opinion’s language. Read the PDF.

Sources

Memorandum Opinion, Wilcox v. Trump, No. 25-cv-334 (BAH) (D.D.C. Mar. 6, 2025), ECF 35. storage.courtlistener.com

Order, Wilcox v. Trump, ECF 34 (Mar. 6, 2025). storage.courtlistener.com

Supreme Court, Trump v. Wilcox, No. 24A966 (May 22, 2025) (stay). storage.courtlistener.com

Washington Times, Mar. 6, 2025 (reporting). www.washingtontimes.com

Opinion

The following is commentary by this site. It is not a finding of fact and not a legal conclusion.

Compiler take

He fired a Biden NLRB member. She called it illegal and put the member back. The Supreme Court hit pause. That is the sequence. Do not write that she “overruled the President” as if the stay never happened. Do not write that she “lost” as if the stay decided the statute.