Gwynne Wilcox, lawyer who was a member and president of the National Council for Labor Relations.
With kind authorization: National Council for Labor Relations
A federal judge reversed Thursday the dismissal of a member of the National Council of Labor Relations by President Donald Trump, with a scathing decision who declared that “an American president is not a king”.
The former president of the former president of the NLRB, Gwynne Wilcox, intervened a month after continuing to be returned to the board of directors.
“The President does not have the power to dismiss at will the members of the National Council for Labor Relations, and his attempt to fire the complainant of his post to the board of directors was a blatant violation of the law,” wrote Beryl Howell wrote in the ordinance on Thursday before the American district court in Washington, DC
The NLRB, which was created by Congress, is responsible for the application of American labor laws.
Wilcox, who was the first black woman on the board of directors, was also the first member of the NLRB to have been dismissed by a president.
Trump replaced her as president by another member of the board of directors on her first day back to the White House, and a week later, dismissed her, as well as the best lawyer in the NLRB, Jennifer Abruzzo, in an late evening email.
This email said that Wilcox – who was appointed by former president Joe Biden – was being terminated because “the agency heads within the executive branch must share the administration objectives (of Trump)”.
But Howell in his decision on Thursday said that “Trump’s interpretation of the scope of his constitutional power – or, more well, his aspiration – is flat”.
“An American president is not a king – not even a” elected ” – and his power to withdraw federal officers and honest officials like the applicant is not absolute, but can be limited in appropriate circumstances, as is present,” wrote Howell.
“A president who praises an image of himself as a” king “or a” dictator “, perhaps as his vision of an effective leadership, mistretingly mistreated the role by virtue of article II of the American Constitution.” Article II is the section of the Constitution detailing the executive power of the presidency.
Howl’s decision could end up being challenged by the Trump administration at the Supreme Court.
Wilcox Deepak Gupta lawyer in a statement said: “This decisive victory firmly rejects an extreme presidential takeover.”
“Today’s decision is a victory not only for Ms. Wilcox, but also for the integrity of the National Labor Relations Board and its vital mission to protect US workers,” Gupta said in a statement. “The Court has strengthened the main legal protections for independent agencies that Congress designed to be impartial.”
The White House had no immediate comments.
The decision occurred a few hours after a federal ethical guard dog, the head of the special council, the head of the lawyer, Hampton Dellinger, said that he abandoned a legal battle to reverse his own dismissal by Trump.