President Trump has fired two Senate-confirmed Democrats from the National Labor Relations Board: Member and former Chair Gwynne Wilcox; and the Board’s General Counsel, Jennifer Abruzzo.
Wilcox’s term was not scheduled to end until August 2028. She has indicated that she will challenge her removal. Wilcox’s termination is controversial because the National Labor Relations Act states that the President may remove Board Members only for neglect of duty or malfeasance. Supreme Court precedent from 1935 suggests that Congress can limit the President’s power to remove such officials. However, many observers believe that the current Supreme Court would reconsider that position if they have the chance.
Abruzzo’s termination was expected because former President Biden set the precedent of firing a sitting NLRB General Counsel on his first day in office. Abruzzo’s deputy, Jessica Rutter, is serving as the Board’s Acting General Counsel.