The Sconi

Attorney General Josh Kaul has joined a coalition of 20 attorneys general in an amicus brief supporting Gwynne Wilcox, a member of the National Labor Relations Board (NLRB), in her lawsuit against President Donald Trump. The case, Wilcox v. Trump, is being heard in the U.S. District Court for the District of Columbia.

The issue arose on January 27, 2025, when President Trump dismissed Wilcox during her five-year term on the NLRB, leaving only two members on the five-member board. This action has incapacitated the NLRB since it requires at least three members to function.

AG Kaul stated, "This unlawful firing would effectively shut the NLRB down for a period of time, substantially undermining protections for workers’ rights." He emphasized that "the court must stop this unlawful effort and protect the independence and basic functioning of the NLRB."

The National Labor Relations Act (NLRA), signed into law by President Roosevelt in 1935, established the NLRB as an independent federal agency with authority over labor laws. It guarantees American workers' rights to unionize and engage in collective bargaining.

The coalition argues that Supreme Court precedent grants broad authority to the NLRB over labor relations and preempts state regulation. They claim that without a functioning NLRB, there is a significant vacuum harming workers nationwide. The amici states argue that Trump's actions have left American workers without protection for their right to unionize and bargain collectively.

Highlighting past performance, they note that in recent years, nearly 3,000 allegations of unfair labor practices were reviewed by the NLRB. Currently, over 158 cases are pending in Wisconsin alone.

The coalition underscores that unions contribute to economic benefits such as higher wages and better benefits for employees compared to non-union counterparts. They argue this regulatory vacuum could damage these benefits.

The amici states urge expedited summary judgment to allow Wilcox to resume her duties on the NLRB. Minnesota Attorney General Keith Ellison leads this brief alongside AG Kaul and attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Washington D.C., Hawai’i, Illinois, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Vermont.