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Posted on 05/22/2025 2:17:40 PM PDT by CFW
The case Trump v. Wilcox concerns the legality of President Trump's attempt to remove Gwynne Wilcox from her position on the National Labor Relations Board (NLRB).
Case summary:
Case Summary: This case challenges President Trump’s removal of Gwynne A. Wilcox from her position on the National Labor Relations Board. The suit alleges the removal is in violation of the National Labor Relations Act (29 U.S.C. § 151 et seq.), which allows the president to remove Board members only in cases of neglect of duty or malfeasance and only after notice and hearing.
The Plaintiff is seeking relief under the Declaratory Judgement Act, 28 U.S.C. §§ 2201 and 2202, to establish that she remains a rightful member of the Board and that the President lacks authority to remove her. She also seeks an injunction against the Chairman of the National Labor Relations Board, who oversaw the termination.
SCOTUS issued an opinion late this afternoon staying the lower court's order until the appeal can be heard.
(Excerpt) Read more at supremecourt.gov ...
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The March 4, 2025, order of the United States District Court for the District of Columbia, No. 25−cv−412, ECF Doc. 39, and the March 6, 2025, order of the United States District Court for the District of Columbia, No. 25−cv−334, ECF Doc. 34, are stayed pending the disposition of the appeal in the United States Court of Appeals for the District of Columbia Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
Kagan dissenting, joined by Sotomayor and the DEI Justice.
Order can be found here:
https://www.supremecourt.gov/opinions/24pdf/24a966_1b8e.pdf
What was the vote?
I see now. Thanks.
The typical leftards.
Emergency application for stay is granted on May 22, 2025. Justices Kagan, Sotomayor, and Jackson dissent.
What was the vote?
It appears to be 6-3, with Kagan, Sotomayor, and Jackson the three dissenters.
I went and read the opinion - at least the opening paragraphs.
SCOTUS granted a stay in favor of the Trump administration. The fired woman from the board had sought a determination that she was still on the board, and that President Trump did not have the right to fire her.
The supremes said that the firing is effective, at least until the lawsuit is adjudicated.
If there any lawyers present, please correct anything I have misstated.
Late in the day SCOTUS ping!
The supremes said that the firing is effective, at least until the lawsuit is adjudicated.
If there any lawyers present, please correct anything I have misstated.
You’re correct. The District Court for the District of Columbia enjoined the President’s removal of a member of the National Labor Relations Board (NLRB) and a member of the Merit Systems Protection Board (MSPB), respectively.
The Trump administration appealed to SCOTUS for a stay of the district court’s order, and SCOTUS granted that stay until the appeals process has been completed.
Wilcox is fired for now.
“Roberts Swings To The Left In St. Isidore, To The Right In Wilcox”
Trump needs to remove Amy Conehead for being Traitor Roberts’ handmaiden.
President Trump does not have that power.
For starters ...
And their reasoning does make an appeal look quite dim for an appeal.
Doesn’t mean he shouldn’t do it.
After-all he put her there.
“Because the Constitution vests the executive power in the President, see Art. II, §1, cl. 1, he may remove without cause executive officers who exercise that power on his behalf, subject to narrow exceptions recognized by our precedents.”
A removal of any member of SCOTUS requires an act of
Congress. The House of Representatives initiates impeachment by voting to impeach, and the Senate holds the trial. A conviction requires a two-thirds vote in the Senate. A fat chance that will happen for Amy Coney Barrett and John G. Roberts.
It does NOT speak loudly.
It shouts like with the volume of an afterburning jet engine.
As I predicted two months ago: Trump will win the vast majority of these, but they will take time to go through the process.
BREAKING: Chief Justice John Roberts issued a temporary administrative stay halting lower court orders that required the DOGE to comply with FOIA requests and related discovery.
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