Press Releases

Washington, D.C. — Today, House and Senate Democratic Leadership filed an amicus brief opposing President Donald Trump’s unlawful attempts to fire members of the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB). The individuals cited in this matter were duly appointed, congressionally confirmed board members at independent federal agencies. Illegal attempts to terminate them threaten the integrity of these institutions and their ability to protect American workers and uphold workplace democracy.

The NLRB and MSPB play a critical role in protecting workers, both in public service and the private sector, in their right to seek better working conditions and in safeguarding a non-political, merit-based federal workforce.

The brief was led by House Ranking Members Jamie Raskin, Gerry Connolly, and Bobby Scott, alongside House Democratic Leader Hakeem Jeffries and Assistant Leader Joe Neguse, as well as Senate Minority Leader Chuck Schumer and Senators Elizabeth Warren and Cory Booker – and was joined by 253 Congressional Democrats. 

“Trump wants to dismantle the work of independent agencies like the National Labor Relations Board and the Merit Systems Protection Board. These agencies have existed for more than a half-century. They protect American workers, the integrity of our merit-based federal workforce, and the rights of whistleblowers. Trump is not a King, and he has no power to violate the law to target and fire excellent civil servants just because they don’t support his pet causes and the agenda of his billionaire friends,” said Ranking Member Jamie Raskin, House Judiciary Committee. “Democrats must stand up for a century of jurisprudence upholding administrative law because we are the party that fights for the rights of our workforce, unions, and American families.”

“President Trump and Elon Musk were never on the side of workers and now that they’re in power, they’re doing everything they can to reward billionaire bosses like themselves at the expense of hardworking Americans. Their concerted efforts to silence and disband the NLRB and MSPB are not only unconstitutional, they are part of their strategy to strip workers of their rights and dignity,” said Ranking Member Gerry Connolly, House Oversight and Government Reform Committee. 

“The National Labor Relations Act of 1935 (NLRA), which created the NLRB, expressly precludes any President from removing Board Members without good cause and due process to insulate the agency from political interference. Congress explicitly limited the Executive Branch’s ability to remove NLRB Members by requiring notice and a hearing, and that any removal is based on a ‘neglect of duty or malfeasance in office, but for no other cause[,]’ to protect it ‘from being subject to immediate political reactions at elections.’ Furthermore, the NLRB’s independence ensures it can fairly adjudicate labor disputes, hold law-breaking employers accountable, and issue rules to ensure that employees have the freedom to join or form a union,” said Ranking Member Bobby Scott, House Education and Workforce Committee. 

“Donald Trump and Elon Musk are committed to breaking down protections for consumers and everyday Americans by any means necessary. That includes the blatantly illegal attempted firing of independent National Labor Relations Board and Merit Systems Protection Board leaders. House Democrats will not stand for it. Congress created these independent agencies by statute and clearing the decks of current leaders in order to appoint hacks who will bend the knee to Donald Trump is illegal. I am grateful to Rep. Raskin, Rep. Connolly, Rep. Scott and Assistant Leader Neguse of the Litigation/Rapid Response Task Force for their leadership as House Democrats join with Senate Democrats to push back against illegal attempts by Trump and Republicans to leave American workers and consumers vulnerable to fraud and abuse,” said House Democratic Leader Hakeem Jeffries. 

“No president, Democrat or Republican, has the authority to fire employees at independent federal agencies simply for disagreeing with them politically. House Democrats will continue to vindicate our constitution and the rule of law, and to speak up for workers, consumers, families, and the American people,” said House Assistant Democratic Leader Neguse. 

“Donald Trump has ushered in an era of lawlessness and corruption,” said Leader Schumer. “Not only is he systematically dismantling our government, he is purging those who would help to hold him accountable in this endeavor. It is crucial that agencies like the NLRB and MSPB are able to operate within their full capacity to protect whistleblowers and workers. This flagrant disrespect for the law – and for the process of Senates confirmation – is something that has become a hallmark of Trump’s presidency. But Congressional Democrats are using every avenue to fight back.”  

“Donald Trump's ‘rich-as-hell’ donors expect a return on their investment in his campaign. Now, he’s giving it to them by kneecapping the agencies that stop billionaires and giant corporations from abusing workers and discriminating against employees,” said Senator Warren. “Democrats are united in fighting back against these illegal firings.”

“President Trump is attacking independent agencies that Congress created to provide essential services to Americans,” said Senator Booker. “The illegal attempts to fire duly appointed and Senate-confirmed board members of the NLRB and MSPB are a direct threat to the protections that American workers and whistleblowers depend on. I’m proud to lead this effort in the Senate with Democratic Leader Schumer and Senator Warren and join over 200 of my congressional colleagues to defend our independent agencies and ensure that workers’ rights and our nation’s tradition of a merit-based federal workforce remain protected from partisan interference.” 

The amici curiae file their argument in the cases involving the attempted unlawful firings of Gwynne Wilcox, a member of the NLRB and Cathy Harris, a member of the MSPB. 

The full brief is available HERE.