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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


11%
estimated cert probability
(petition-stage, structural)
95% interval 7%–17%
Conference-stage estimate: 2%
Rule 10: dissent below
GVR risk 1%

About 2.7× the 4.1% base rate. The model weights this up for counsel who has won certiorari before, a D.C. Circuit decision below, and a dissent in the court below (flagged in the petition).

Questions presented

  1. 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)?

  2. 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

Conference history
Distributed for 1 conference

Linked docket
25A1164

Proceedings

  1. Aug 13 2026
    Response Requested. (Due September 14, 2026)
  2. Aug 05 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jul 24 2026
    Waiver of right of respondent Trump, Donald J., et al. to respond filed.
  4. Jun 27 2026
    Petition for a writ of certiorari filed. (Response due July 31, 2026)
  5. Apr 23 2026
    Application (25A1164) granted by The Chief Justice extending the time to file until June 27, 2026.
  6. Apr 17 2026
    Application (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.