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Posted on 10/19/2026 12:25:15 PM PDT by Red Badger
The Supreme Court declined on Monday to hear a bid by a Democratic-appointed member of the National Labor Relations Board to challenge the legality of her firing by President Donald Trump.
The justices turned away former NLRB member Gwynne Wilcox’s appeal of a lower court’s ruling that said the Republican president’s January 2025 firing of her was a valid exercise of executive authority.
The court’s action follows its June decision backing Trump’s firing of Rebecca Slaughter, a Democratic Federal Trade Commission member.
That ruling overturned the court’s 1935 precedent in a case called Humphrey’s Executor that had recognized the authority of Congress to protect leaders of certain regulatory agencies from presidential removal at will. The Slaughter decision capped a decades-long conservative push to strengthen the president’s grip on key levers of government power.
Trump’s move to oust Wilcox from the NLRB was part of his shakeup and downsizing of the U.S. government, including firing thousands of workers, dismantling federal agencies, installing loyalists in key jobs and purging career officials.
Wilcox, the first Black woman to serve on the agency’s board, was appointed to a second five-year term in 2023 by Democratic former President Joe Biden. Trump moved to fire her about a week into his second presidential term, drawing a lawsuit by Wilcox. Slaughter also was a Biden appointee.
The legal fight over Trump’s firing of Wilcox and other officials has figured as a key test of his efforts to bring federal agencies meant by Congress to be independent from the president under his control.
U.S. District Judge Beryl Howell in March 2025 upheld a federal law protecting NLRB officials from being fired without cause, rejecting Trump’s argument that the measure passed by Congress encroaches on authority granted to the president under the U.S. Constitution.
That ruling was reversed in a 2-1 decision by the U.S. Court of Appeals for the District of Columbia Circuit in December 2025, prompting Wilcox’s appeal to the Supreme Court.
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I believe “plenary power” is a foreign concept to dimocraps.
Let me rephrase ... “when THEY are not in power”.
Rebecca...You lost!!
Liberal tears...
Cue the sad trombone for Gwynne Wilcox...
But what happens when a District Court judge overrules the US Supreme Court?
Why do we even need a ‘Labor Board’?.................
The Slaughter decision capped a decades-long conservative push to strengthen the president’s grip on key levers of government power.
...efforts to bring federal agencies meant by Congress to be independent from the president under his control.
To the casual reader, seems like the president and Republicans are power hungry fascists, and it's not congress that is the power hungry usurper of the president's constitutionally granted powers. If the agency has executive power, then they are subordinate to the president according to the first sentence of article two of the constitution:
“The executive power shall be vested in a President of the United States of America.”
I wonder what branch the CNBC author thinks "independent" agencies fit into...
There is no such thing as an ‘independent agency’ of government...................
“I believe “plenary power” is a foreign concept to dimocraps.”
Not when THEY have power.
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