Profiles in Courage is a series honoring the extraordinary women and men who have transformed American institutions through principled public service. At a time when trust in government is fragile, these stories offer a powerful reminder of what ethical leadership looks like—from those who litigate for civil rights and resign on principle, to those who break military barriers and defend democracy on the front lines.
Throughout the month of May, we’ve spotlighted women in the Department of Justice, federal agencies and the military whose careers have been defined by integrity, resilience and reform. Their quiet heroism—often at personal cost—reaffirms the enduring role of public servants who choose justice over self-interest. Through their stories, Ms. pays tribute to a tradition of service that safeguards democracy and inspires the next generation to lead with courage.
In 2023, labor lawyer Gwynne Wilcox—whose union-side advocacy career has spanned decades—shattered two barriers: becoming the first Black woman seated on the National Labor Relations Board and, soon after, its chair.
Confirmed by the Senate for a five-year term, Wilcox joined the 90-year-old agency with a mandate to defend collective bargaining rights and safeguard the board’s institutional independence.
The First Firing in NLRB History
The board’s institutional independence was hastily put to the test on Jan. 27, 2025, just one week after President Donald Trump’s return to office.
Wilcox received a midnight email from the White House saying she was dismissed, effective immediately. No cause was cited, but three senior officials later disclosed that Wilcox allegedly had been removed because she had “publicly championed diversity, equity and inclusion”—values the current administration deemed incompatible with its agenda.
This dismissal marked another first for Wilcox: She is the first NLRB member ever fired by a president.
Wilcox’s dismissal did more than remove her from her position of authority—it left the five-member board with only two members, which is less than the quorum the Supreme Court says it needs to issue decisions. Though union elections could still proceed, appeals and precedent-setting rulings remain at an abrupt halt, effectively paralyzing a cornerstone of American labor law.
Litigating for the Rule of Law
Refusing to accept her unlawful dismissal, Wilcox filed suit on Feb. 5, 2025. Her argument was straightforward: The National Labor Relations Act allows the removal of board members only for neglect of duty or malfeasance, not at the president’s whim.
Her case was consolidated with that of Cathy Harris, the Merit Systems Protection Board (MSPB) chair, who was similarly fired, crystallizing a constitutional confrontation over whether independent agencies can resist political purges.
In her March 6, 2025, opinion that reinstated Gwynne Wilcox to the NLRB, U.S. District Judge Beryl A. Howell wrote that Wilcox’s removal by Trump was unlawful: “An American president is not a king. The attempt to dismiss Ms. Wilcox flagrantly violated the law.” With Wilcox’s reinstatement, Howell prohibited the administration from treating her as though she had been removed.
The White House quickly appealed, triggering a legal whiplash. Back and forth, between dismissed and reinstated, Wilcox’s status shifted almost daily.
On March 28, a three-judge panel of the D.C. Circuit stayed Judge Howell’s order, stripping Wilcox of her seat for a second time.
Ten days later, on April 7, the full D.C. Circuit overturned the panel’s decision, restoring her to the board and briefly reviving its quorum.
Forty-eight hours after that, on April 9, the U.S. Supreme Court issued an emergency stay, removing Wilcox yet again and leaving her fate, and the board’s functionality, in limbo pending a full review by the high Court.
On May 22, the U.S. Supreme Court issued a brief order allowing Trump to dismiss Wilcox from the NLRB, even as legal challenges to his authority to do so are still ongoing. The Court also approved the removal of Harris from the MSPB while litigation continues. “Because the Constitution vests the executive power in the president, he may remove without cause executive officers who exercise that power on his behalf, subject to narrow exceptions recognized by our precedents,” the Supreme Court said. While the order is technically temporary, “its tone is pretty final,” NPR noted. “The language of Thursday’s two-page unsigned order clearly forecasts the eventual outcome of the case when it is argued before the court, likely next year.”
Writing for the three dissenters, Justice Elena Kagan quoted Alexander Hamilton as saying: “To avoid an arbitrary discretion in the courts, it is indispensable that they should be bound down by strict rules and precedents.” The order, she said, “favors the president over our precedent.”
Each court reversal underscored the high stakes in whether Congress can protect multimember boards—SEC, FCC, NLRB—from partisan overhaul or whether presidents may dismiss members at will. If the Supreme Court ultimately sides with the administration, decades of precedent dating back to Humphrey’s Executor (1935) could be overturned. (In Humphreys’ Executor v. United States, the Court held that Congress could protect the Federal Trade Commission FTC commissioners from removal.)
Impact and Legacy
Throughout the legal tumult, Wilcox remained a steady voice for workers suddenly unsure whether their unfair-labor-practice cases would ever reach resolution. Her courage lay not only in challenging a presidential power grab but also in highlighting the cost—namely, “Every day the board lacks a quorum is a day workers’ rights hang in limbo.”
Wilcox’s stand reenergized bipartisan efforts to safeguard the independence of federal agencies, galvanized labor advocates who view her battle as a bulwark for collective-bargaining integrity, and set the stage for a Supreme Court ruling that could redraw the boundaries of executive authority over dozens of regulatory commissions.
Why Courage Matters
Gwynne Wilcox did not seek confrontation; she sought to uphold the statute she was sworn to enforce. In doing so, she bore personal upheaval to protect the rule of law, the stability of a 90-year institution, and the rights of millions of American workers.
For her unparalleled fortitude, groundbreaking service as the first Black woman on the NLRB, and unwavering defense of independent governance, Gwynne A. Wilcox embodies the essence of courageous public service, worthy of the highest recognition and an enduring place in the annals of labor rights history.
