President Trump’s Removal Letter of NLRB Member Gwynne Wilcox
Shortly after President Trump removed NLRB Member Gywnne Wilcox, I wrote that the Supreme Court will not repudiate Humphrey’s Executor. Now, having read Trump’s removal letter, the Court may not have to.
Wilcox has moved for expedited summary judgment in D.D.C. on the same schedule as a preliminary injunction. In a declaration, Wilcox states that Trump did not “justify my removal on the ground that I committed any neglect of duty or malfeasance in office.” The motion includes an exhibit I had not yet seen: President Trump’s removal letter.
The letter offers two paragraphs to explain the removal. I see at least one passage that could rise to the level of “neglect of duty or malfeasance in office.” Trump stated:
In my judgment, Members Wilcox and General Counsel Abruzzo have adopted a host of decisions that have improperly cabined employers’ rights to speak on the subject of unionization, raising serious First Amendment concerns about the censorship of important speech. Several such decisions were issued on the eve of the new Administration. They have also issued decisions that, in my judgment, have vastly exceeded the bounds of the National Labor Relations Act. To take just one example, they supported a new joint employer rule—a rule that courts then invalidated and the Board seemingly acknowledged could not go forward.
Trump alleges Wilcox’s may have violated the Free Speech Clause, exceeded the statutory authority of the agency, and proposed a rule that was declared unlawful by courts. To be sure, Wilcox would argue that her actions were consistent with the Constitution and the
Article from Reason.com
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