‘Directly violates the law’: Trump defying ’90 years of Supreme Court precedent’ in firing labor board member after ‘unlawful’ termination, lawsuit says

Left: Gwynne A. Wilcox (National Labor Relations Board). Right: President Donald Trump gives remarks during an event celebrating the 2024 Stanley Cup Champion the Florida Panthers in the East Room of the White House in Washington, DC on Monday, February 3, 2025 (Photo by Aaron Schwartz/Sipa USA)(Sipa via AP Images).

Left: Gwynne A. Wilcox (National Labor Relations Board). Right: President Donald Trump gives remarks during an event celebrating the 2024 Stanley Cup Champion the Florida Panthers in the East Room of the White House in Washington, DC on Monday, Feb. 3, 2025 (Photo by Aaron Schwartz/Sipa USA)(Sipa via AP Images).

A federal judge was clearly dismayed by arguments from the government during a Wednesday afternoon hearing over the fate of a member of the National Labor Relations Board who was fired by President Donald Trump upon his return to the White House.

U.S. District Judge Beryl A. Howell, a Barack Obama appointee, unsparingly quizzed lawyers for both sides in the dispute about whether Gwynne A. Wilcox could be reinstated on the NLRB.

But while the questions were generally piercing across the board, the judge decidedly and repeatedly expressed unease with the “unitary executive theory” being advanced by the Trump administration.

“The theory that has been pressed … is basically saying Congress doesn’t even have the power to set some conditions on the removal power at all,” Howell said at one point. “It’s up to presidential whims.”

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