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Resistance: NLRB Member Sues Trump Over 'Illegal' Firing

Resistance: NLRB Member Sues Trump Over 'Illegal' Firing

A fired former member of the NLRB is suing Trump, challenging her "illegal" dismissal despite the board members’ firing shield. The lawsuit looks to be headed to SCOTUS.

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Sarah Jones & Jason Easley
Feb 05, 2025
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Resistance: NLRB Member Sues Trump Over 'Illegal' Firing
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Resistance is in the house with a Wednesday lawsuit: Wilcox v. Trump.

Unprecedented and illegal: How Trump rules

Fired National Labor Relations Board (NLRB) board member Gwynne Wilcox filed a lawsuit against Donald Trump and Marvin Kaplan, the Republican chair of the NLRB, on Wednesday, alleging that her firing by the president is "illegal,” and has not previously happened in the entire 90 years of the board.

The Democrat, who first won Senate approval in 2021, is asking to be reinstated to the board, which as of right now doesn’t have a quorum and thus can’t do the job of protecting workers.

Wilcox is the first Black woman to serve on the NLRB, fitting an apparent trend of the Trump administration targeting minorities. By law, board members can only be removed due to "neglect of duty or malfeasance."

The Backstory

In an effort to protect the board from political interference almost 90 years ago, the law states that NLRB members can only be fired for neglect of duty or malfeasance in of…

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