Checks and Imbalances: Supreme Court Blocks Reinstatement of Key Labor Board Officials

In a surprise move that sent ripples through federal employment and labor rights communities, the Supreme Court has temporarily blocked a lower court’s order to reinstate two prominent labor officials: National Labor Relations Board (NLRB) Chairwoman Gwynne Wilcox and Merit Systems Protection Board (MSPB) Chairwoman Cathy Harris. The decision—authored by Chief Justice John Roberts—places the future of federal workplace protections under heightened scrutiny.

The Background

Earlier this year, a lower court ruled that the termination of Wilcox and Harris under the Trump administration was unlawful, citing an abuse of executive power. The Court ordered their immediate reinstatement, calling it a necessary step to restore lawful leadership and resume long-delayed case backlogs in both agencies.

But just days later, Chief Justice Roberts issued a stay on the ruling—effectively hitting pause on the reinstatement. The move, while not a final decision, signals significant resistance from the Supreme Court to judicial efforts to reverse what many viewed as politically motivated firings.

Who Are Wilcox and Harris?

Gwynne Wilcox made history as the first Black woman to serve on the NLRB. Her tenure focused on strengthening labor protections, particularly for low-wage and unionized workers. Cathy Harris, a veteran civil servant and the Chairwoman of the MSPB was responsible for overseeing appeals from federal employees subjected to unjust disciplinary actions or firings.

Both leaders were instrumental in upholding worker rights during their terms—until they were abruptly removed during a sweeping reorganization of federal boards by the Trump administration in early 2025.

Why This Matters to Civil Rights

While the NLRB and MSPB don’t usually dominate headlines, their impact is enormous. They represent two of the few safety nets available to protect federal and private employees from discrimination, retaliation, or unlawful termination.

By stalling the reinstatement of these key officials, the Supreme Court is delaying justice for thousands of workers whose cases are stuck in legal limbo. More broadly, this action raises red flags about the politicization of civil service appointments and the balance of power between the executive branch and independent federal agencies.

The Broader Implications

This case sets a dangerous precedent if the Court ultimately sides with the executive branch. It could embolden future administrations to purge agencies of dissenting voices—particularly those advocating for civil rights, labor protections, and government accountability.

For civil rights attorneys and advocates, this standoff is not just a procedural hiccup—it’s a warning. If whistleblower protections and employee appeals processes are weakened, marginalized workers are the first to suffer.

BNCL’s Perspective

At BNCL, we understand that discrimination doesn’t only come from police departments or employers in the private sector. It also festers in bureaucracy, especially when independent agencies lose their teeth. Our clients include employees who’ve experienced wrongful termination, racial and gender-based bias, and disability discrimination—often within government structures that were supposed to protect them.

We support the reinstatement of Wilcox and Harris and call on the Supreme Court to prioritize justice over politics.

What’s Next?

The stay granted by Chief Justice Roberts is temporary. The full Court is expected to review the case in the coming months. In the meantime, thousands of cases remain stalled at the NLRB and MSPB, and the agencies themselves are left without clear leadership or direction.

BNCL will continue to monitor the case closely and offer legal insight as the situation unfolds. If the Court ultimately denies reinstatement, it could reshape how federal workers—and their rights—are protected going forward.