Federal judge Beryl Howell is considering whether President Donald Trump’s firing of Gwyn Wilcox, a member of the National Labor Relations Commission, is illegal.
This case is similar to that of Cathy Harris and Hampton Dellinger, chairman of the Merit Systems Protection Board.
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Howell admitted that the case appears to be doomed to the High Court, perhaps the highest court. “For both parties, I realize that this court is just a speed bump for going to the Supreme Court.”
President Donald Trump fired Gwyn Wilcox, a member of the National Labor Relations Commission. He argued in federal court that the president has no legal authority to do so. (NLRB; AP Photo; US District Court)
Wilcox’s lawyers argue that NLRB’s board members, who are appointed by Congressional Act, can only be removed from their position to ignore obligations or misconduct, and that Trump has tried to eliminate her without reason. According to the plaintiffs, Trump is the first president to try to remove NLRB members.
Kathy Harris, a Democrat who led the Merritt System Protection Committee until fired by President Donald Trump on February 10, was redirected to her position after a judge issued a permanent injunction. (Bonnie Cash/UPI/Bloomberg via Getty Images | US Merit Systems Protection Board)
Howell pointed out that the President has broad authority under Article 2. He made personnel decisions within the enforcement department and asked his lawyers if they were within the powers of a federal judge.
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“Congress has also been elected,” Deepak Gupta said, insisting Wilcox.
Federal judge Beryl Howell acknowledged that Wilcox’s case is likely to belong to the Supreme Court. (AP photo)
DOJ’s lawyer, Harry Glover, insisted on the government, and although the president refused to fire Wilcox because of breakdowns or negligence, he agreed that the president had the authority to hire and fire him within the administration.
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Howell appeared to be broken by the views of Glover’s presidential forces. “Are anyone in the administrative division subject to a presidential deletion? That’s the most extreme version of the unified enforcement theory I’ve ever heard.”
Howell is expected to receive discussion and briefing under advice and will be awarded in the coming days. For now, Gwyn Wilcox is outside her job and the NLRB remains without a quorum, so it cannot resolve labor disputes.
Jake Gibson is the Fox News Department of Justice and a producer of federal law enforcement.
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