Supreme Court of the United States · Official docket →
Gwynne A. Wilcox v. Donald J. Trump, President of the United States, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 25-5057 · judgment December 5, 2025
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a D.C. Circuit decision below, and a dissent in the court below, and down for a petition of 3,000 to 6,000 words.
Questions presented
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May Congress constitutionally limit removal of members of the National Labor Relations Board to cases of “neglect of duty or malfeasance in office.” 29 U.S.C. § 153(a)?
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To the extent that the National Labor Relations Board possesses any residual “executive functions” in its bifurcated structure, is the appropriate remedy to sever that function rather than invalidate the entirety of the forcause removal provision?
Counsel of record
For petitioner
Deepak Gupta
Gupta Wessler LLP
For respondent
D. John Sauer
Solicitor General
Case
Subject area
Miscellaneous (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Linked docket
25A1164
Order
Order list, October 19, 2026 · Certiorari denied
Proceedings
- Oct 19 2026Petition DENIED.
- Sep 30 2026DISTRIBUTED for Conference of 10/16/2026.
- Sep 14 2026Brief of respondents Donald J. Trump, et al. in opposition filed.
- Aug 13 2026Response Requested. (Due September 14, 2026)
- Aug 05 2026DISTRIBUTED for Conference of 9/28/2026.
- Jul 24 2026Waiver of right of respondent Trump, Donald J., et al. to respond filed.
- Jun 27 2026Petition for a writ of certiorari filed. (Response due July 31, 2026)
- Apr 23 2026Application (25A1164) granted by The Chief Justice extending the time to file until June 27, 2026.
- Apr 17 2026Application (25A1164) to extend the time to file a petition for a writ of certiorari from April 28, 2026 to June 27, 2026, submitted to The Chief Justice.