In a case that could shape the boundaries of presidential authority, U.S. District Judge Beryl Howell ruled on Thursday to reinstate Gwynne Wilcox to the National Labor Relations Board (NLRB) after Donald Trump removed her without cause.
Howell’s scathing 36-page ruling not only reinstated Wilcox but also delivered a sharp critique of Trump’s interpretation of executive power, warning that his actions threaten the foundations of American democracy.
Judge: “An American President is Not a King”
“An American President is not a king — not even an ‘elected’ one — and his power to remove federal officers and honest civil servants like plaintiff is not absolute,” Howell wrote.
She cited Trump’s own rhetoric, including a Feb. 19 White House post titled “Long Live the King” that depicted Trump wearing a crown, as evidence that he is attempting to rule with monarchical authority rather than constitutional limits.
“A President who touts an image of himself as a ‘king’ or a ‘dictator,’ perhaps as his vision of effective leadership, fundamentally misapprehends the role under Article II of the U.S. Constitution,” Howell warned.
The “Unitary Executive” Theory on Trial
Legal experts say this case could become a landmark ruling on the unitary executive theory, which asserts that the president has absolute control over the executive branch.
Howell flatly rejected this interpretation, writing:
“The Framers made clear that no one in our system of government was meant to be king — the President included — and not just in name only.”
She accused Trump of pushing the limits of his authority to see how much power courts would allow him to wield.
Wilcox’s Case: A Broader Test of Presidential Power
Wilcox, a Democratic member of the NLRB, was fired late at night without cause, a move she called part of Trump’s “string of openly illegal firings.”
Her lawsuit argued that Trump’s actions violated federal statutes that require cause for removal—a challenge that Howell clearly supported.
Legal analysts suggest this ruling could set a precedent limiting Trump’s ability to purge officials at will, especially in independent agencies like the NLRB.
What Happens Next?
The Trump administration is expected to appeal the decision, potentially taking the case to the Supreme Court, where the conservative majority may have the final say on presidential removal powers.
However, for now, Wilcox has been reinstated, marking a significant legal setback for Trump’s expanding claims of executive power.