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Wilcox v. Trump

No. 25-5057 Circuit · Decided Decided
Court
D.C. Cir.
cadc
Argued
May 16, 2025
Decided
Dec 5, 2025
Filed
Mar 7, 2025
Filed (CL)
Mar 7, 2025
CL Status
terminated

Case Overview

The government appealed the district court's ruling that the termination of Gwynne Wilcox from the National Labor Relations Board was unlawful.

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The Application

History

The district court ruled Wilcox's removal unlawful, implying statutory or structural protections applied to her tenure. The CADC reviewed whether such protections survive constitutional scrutiny under the President's plenary removal power.

The Conclusion

The CADC decided the appeal regarding the constitutionality of removal protections for independent agency officials.

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Docket

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Outcome History (6)

  1. Mar 28, 2025 Circuit
    Stay granted Temporary relief Unreviewed

    Emergency motions for stay were granted.

  2. Mar 30, 2025 Circuit
    Stay denied Relief denied Unreviewed

    Emergency motions for administrative stay were denied.

  3. Apr 7, 2025 Circuit
    Other Neutral Unreviewed

    Motions for en banc reconsideration and vacatur were granted, but petitions for initial hearing en banc were denied.

  4. Sep 22, 2025 SCOTUS
    Cert denied Relief denied Final Unreviewed

    Petition for writ of certiorari before judgment was denied.

  5. Dec 5, 2025 Circuit
    Reversed Relief denied Final Unreviewed

    Judgments of the District Court were reversed.

  6. Jan 28, 2026 Circuit
    Other Neutral Unreviewed

    Appellee’s corrected petition for rehearing en banc was denied.

Federal Court TMR-d3bb8596 Firing of NLRB Member <br> Appeal of 1:25-cv-00334 May 18, 2026

Case Analysis

Issue

Whether the President may remove Gwynne Wilcox, a National Labor Relations Board member, absent statutory cause restrictions.

Rule

The President's removal authority over executive officials is broad and cannot be meaningfully restricted by statute, as established in Seila Law LLC v. CFPB (2020) and Free Enterprise Fund v. PCAOB (2010).

Analysis

The district court ruled Wilcox's removal unlawful, implying statutory or structural protections applied to her tenure. The CADC reviewed whether such protections survive constitutional scrutiny under the President's plenary removal power.

Conclusion

The CADC decided the appeal regarding the constitutionality of removal protections for independent agency officials.

Overview

The government appealed the district court's ruling that the termination of Gwynne Wilcox from the National Labor Relations Board was unlawful.

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