The Aporia
Rogers, J. (2026, October 23). The executive branch needs an executive. Washington Examiner. https://www.washingtonexaminer.com/op-eds/4776103/wilcox-supreme-court-president-removal-power/
Rogers, Jay. “The executive branch needs an executive.” Washington Examiner, 23 Oct. 2026, https://www.washingtonexaminer.com/op-eds/4776103/wilcox-supreme-court-president-removal-power/.
Rogers, Jay. “The executive branch needs an executive.” Washington Examiner, October 23, 2026. https://www.washingtonexaminer.com/op-eds/4776103/wilcox-supreme-court-president-removal-power/.
Dated from the outlet's own feed. Check the original for its byline.
On Monday, October 23, 2026, the Supreme Court declined to hear former National Labor Relations Board (NLRB) member Gwynne Wilcox's challenge to her firing by President Donald Trump on January 27, 2025. The justices gave no reasons for their denial, leaving intact a December 2025 D.C. Circuit ruling that the NLRB wields substantial executive power and thus Congress cannot limit the president’s authority to remove its members. In June 2026, the Supreme Court overruled the 1935 precedent *Humphrey's Executor* in a 6-3 decision, allowing presidents to fire commission members for any reason under the Trump v. Slaughter ruling. This leaves Wilcox’s case unresolved on its merits but aligns with Chief Justice John Roberts' assertion that the FTC’s activities fall within executive power. The outcome reinforces the president's ability to appoint and remove leaders with confidence.
They call it the executive branch for a reason, and a duly elected president should be able to appoint leaders he has confidence in.