Trump v. Wilcox

Gwynne Wilcox (plaintiff) was a federal employee and member of the National Labor Relations Board (NLRB). Cathy Harris (plaintiff) was a federal employee and member of the Merit Systems Protection Board (MSPB). Federal statutes protected both Wilcox and Harris from being removed from their positions without good cause. Specifically, in 29 U.S.C. § 153(a), Congress had stated that an NLRB member could be removed only for “neglect of duty or malfeasance in office.” Similarly, in 5 U.S.C. § 1202(d), Congress had stated that an MSPB member could be removed only for “inefficiency, neglect of duty, or malfeasance in office.” President of the United States Donald Trump (defendant) removed Wilcox and Harris from their positions without a qualifying cause, meaning with no allegations of inefficiency, neglect of duty, or malfeasance. Wilcox and Harris each filed a lawsuit, challenging her removal as unlawful. In Wilcox’s lawsuit, the federal district court granted judgment to Wilcox and entered an injunction preventing the president from removing her without cause. Similarly, in Harris’s lawsuit, a different federal district judge granted judgment to Harris and entered an injunction preventing the president from removing her without cause. The United States Court of Appeals for the District of Columbia Circuit consolidated the two cases. The president moved to have the injunction orders stayed, which would allow the president to remove both members while the appeal was pending. Ruling en banc, the court of appeals denied the stay request, leaving the injunction in place and the members in their positions during the appeal. The president sought emergency relief from the United States Supreme Court, asking it to stay the injunction.