At the end of its 2024-25 term, the U.S. Supreme Court held in Trump v. CASA, Inc. that federal district courts do not have equity power to issue so-called “universal” (also known as “nationwide”) injunctions.
At issue in...more
7/15/2025
/ Administrative Procedure Act ,
Appeals ,
Citizenship ,
Class Action ,
Constitutional Challenges ,
Corporate Counsel ,
Executive Orders ,
Executive Powers ,
Fourteenth Amendment ,
Injunctions ,
Judicial Authority ,
Litigation Strategies ,
Regulatory Authority ,
SCOTUS ,
Trump Administration ,
Trump v CASA
The U.S. Supreme Court on May 22 stayed the reinstatement of Gwynne Wilcox, a former member of the National Labor Relations Board, and Cathy Harris, a former member of the Merit Systems Protection Board. Both women were...more
5/29/2025
/ Administrative Law Judge (ALJ) ,
Appeals ,
Article II ,
Constitutional Challenges ,
Employment Litigation ,
Government Agencies ,
Hiring & Firing ,
Judicial Authority ,
Merits Systems Protection Board ,
NLRB ,
SCOTUS ,
Stays ,
Termination ,
Trump Administration
The full U.S. Court of Appeals for the District of Columbia Circuit, in a 7-4 decision, has put Gwynne Wilcox (D), the on-again, off-again Member of the National Labor Relations Board, back on the Board. Member Wilcox, a...more
4/9/2025
/ Administrative Procedure Act ,
Appeals ,
Biden Administration ,
Constitutional Challenges ,
Employment Litigation ,
En Banc Review ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
Statutory Interpretation ,
Trump Administration
The termination of NLRB Member Gwynne Wilcox is back in place, at least for the time being. Earlier this month, Judge Beryl A. Howell issued an injunction that blocked President Trump and Marvin Kaplan, Chairman of the...more
4/2/2025
/ Appeals ,
Biden Administration ,
Constitutional Challenges ,
Executive Powers ,
Federal Labor Laws ,
FTC Act ,
Government Agencies ,
Hiring & Firing ,
Judicial Authority ,
NLRB ,
Stays ,
Termination ,
Trump Administration
The legal dispute over President Donald Trump’s removal of National Labor Relations Board Member Gwynne A. Wilcox may be on a fast track to review by the U.S. Supreme Court. Ms. Wilcox, a Democrat appointed by President...more
3/18/2025
/ Appeals ,
Board Members ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Hiring & Firing ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
Quorum ,
Termination ,
Trump Administration
In Janus v. American Federation of State, County and Municipal Employees, the U.S. Supreme Court changed the legal landscape that has permitted public employee unions in more than 20 states to extract dues or “agency fees”...more
6/29/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
SCOTUS ,
Stare Decisis ,
Union Dues
What are the labor implications of Supreme Court’s decision in King v. Burwell? -
On June 25, the U.S. Supreme Court upheld the Affordable Care Act (also known as “Obamacare”) in a 6-3 decision written by Chief...more
6/30/2015
/ Affordable Care Act ,
Ambush Election Rules ,
Appeals ,
Canning v NLRB ,
Health Insurance ,
Health Insurance Exchanges ,
Individual Mandate ,
Joint Employers ,
King v Burwell ,
NLRB ,
Recess Appointments ,
SCOTUS ,
State Health Insurance Exchanges ,
Subsidies ,
Tax Credits ,
Unions