Supreme Court Stays Gwynne Wilcox Reinstatement

On April 9, 2025, the U.S. Supreme Court issued a brief order staying a previous U.S. District Court ruling that had reinstated former National Labor Relations Board (NLRB) member Gwynne Wilcox. A Biden-era appointee and former NLRB Chair, Wilcox was terminated by former President Donald Trump on January 27, 2025, becoming the first board member to be removed in the NLRB’s 90-year history.

Following her removal, Wilcox filed a lawsuit, and a federal judge ruled the termination violated the National Labor Relations Act (NLRA), ordering her reinstatement. However, a three-judge panel from the U.S. Court of Appeals for the D.C. Circuit later allowed the termination to take effect while the legal process continues.

As a result of the Supreme Court’s stay, the NLRB has lost its three-member quorum and is now unable to issue decisions, including revisiting or rolling back prior administration policies. All current policies will remain in effect until the matter is resolved; likely by the Supreme Court.

We will continue to monitor developments. If you have questions about how this may impact your business, please open a ticket in our Ask an Attorney Portal to receive tailored, legally supported guidance.