Josh Blackman | 2.11.2025 12:56 AM

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........

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