An Executive Power Case That Trump May Win
According to the National Labor Relations Act of 1935, the presidentially appointed members of the National Labor Relations Board (NLRB) “may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.”
Yet President Donald Trump recently fired NLRB member Gwynne Wilcox for another cause. Namely, Trump fired President Joe Biden’s appointee because her policy views did not align with his. As Trump explained in the letter that fired her, Wilcox’s work at the NLRB was not “consistent with the objectives of my administration.” The president added: “The aims and purposes of the Administration with respect to the work on the Board can be carried out most effectively with personnel of my own selection.”
Wilcox filed suit, arguing that her firing was illegal under federal law. She won an early victory when Judge Beryl A. Howell of the U.S. District Court for the District of Columbia held that Wilcox must be reinstated. “Because this statute is a valid exercise of congressional power,” the judge wrote, “the President’s excuse for his illegal act cannot be sustained.”
But Trump’s ration
Article from Reason.com
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