A federal judge on Thursday revived Gwyn Wilcox, a Democrat on the National Labor Relations Committee, and declared that President Trump’s attempt to fire her was illegal.
The ruling that the Trump administration moved to appeal immediately was the responsibilities of Trump’s vast views on enforcement and his efforts to establish the president’s control over an institution designed to ensure Congress was independent from the White House.
Judge Beryl A. Howell, appointed to Washington’s U.S. District Court by President Barack Obama, praised Trump’s unchecked authority vision in his 36-page ruling, noting the declaration that he would become a dictator on “day 1” during the 2024 campaign and the image shared by the White House, who shared Trump wearing the king’s crown.
“Presidents who promote their image of themselves as “king” or “dictator” as perhaps an effective leadership vision are fundamentally misconstruing their role under Article II of the US Constitution,” wrote Judge Howell.
She later said, “The president of America is not a king, and not even a ‘elected’ one. And his power to eliminate federal officials and honest civil servants like plaintiffs is not absolute, but as it exists here, it could be constrained in the right circumstances. ”
Wilcox did not immediately respond to requests for comment.
Her expulsion had the effect of paralyzing the NLRB in January. This hears labor disputes as it leaves two members, a Republican and a Democrat, on the board. Under federal law, the board cannot act without a minimum of three members.
She filed the lawsuit promptly. This is one of several cases that could be caught up in the Supreme Court as a test of the scope of the administrative authorities.
During a lengthy hearing in the case Wednesday before the verdict, Judge Howell joked about the possible trajectory of the case.