News & Analysis as of

Administrative Law Judge (ALJ) Constitutional Challenges

Orrick, Herrington & Sutcliffe LLP

Fifth Circuit holds district court lacks jurisdiction to provide relief from FDIC enforcement

On August 25, the U.S. Court of Appeals for the 5th Circuit reversed and remanded a district court’s decision that granted injunctive relief in an FDIC enforcement action against a bank executive. The FDIC initiated the...more

Benesch

Fifth Circuit Expresses Significant Doubt on NLRB’s Constitutionality as Structured

Benesch on

On August 19, 2025, the Fifth Circuit ruled on consolidated appeals stemming from preliminary injunctions sought by—and granted to—three companies challenging the National Labor Relations Board’s (“NLRB”) structure. ...more

Franczek P.C.

SpaceX Wins Fifth Circuit Victory; Big Implications for NLRB

Franczek P.C. on

In an August 19, 2025 decision in SpaceX v. NLRB, the Fifth Circuit ruled that the structure of the National Labor Relations Board (NLRB) is likely unconstitutional and upheld three preliminary injunctions preventing the NLRB...more

Davis Wright Tremaine LLP

The NLRB Goes Down in the Fifth

The U.S. Court of Appeals for the Fifth Circuit ("Fifth Circuit") has ruled that the National Labor Relations Board ("NLRB") is unconstitutionally structured and cannot hear unfair labor practice charges. The decision focused...more

Mandelbaum Barrett PC

New York Cannabis Ruling: Businesses Can Raise Constitutional Challenges in OCM Administrative Hearings

Mandelbaum Barrett PC on

In a major legal win for New York cannabis licensees, Mandelbaum Barrett PC has secured a precedent-setting decision that strengthens the rights of businesses facing Office of Cannabis Management (OCM) enforcement actions....more

Fox Rothschild LLP

5th Circuit Decision Could Encourage Employers to File Lawsuits to Escape NLRB Trials

Fox Rothschild LLP on

Last week, the U.S. Court of Appeals for the Fifth Circuit said the structure of the National Labor Relations Board (NLRB) is likely unconstitutional and enjoined the agency from conducting trials of unfair labor practice...more

Poyner Spruill LLP

Fifth Circuit Rules NLRB Structure Likely Unconstitutional

Poyner Spruill LLP on

On August 19, 2025, the Fifth Circuit Court of Appeals sided with Elon Musk’s SpaceX and two other companies by barring the NLRB from prosecuting unfair labor practice cases on the grounds that the Board’s structure likely...more

Fisher Phillips

Do Not Pass Go: Fifth Circuit Halts NLRB from Prosecuting ULP Complaints as Courts Debate Agency’s Constitutional Power

Fisher Phillips on

A federal appeals court dealt a significant blow to the National Labor Relations Board (NLRB) last week, upholding a preliminary injunction prohibiting it from prosecuting unfair labor practice (ULP) complaints against SpaceX...more

Constangy, Brooks, Smith & Prophete, LLP

Bad news for Wilcox? Removal protections for NLRB members, ALJs are “likely” unconstitutional, appeals court finds

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has upheld three orders that bar the National Labor Relations Board from pursuing unfair labor practice cases against SpaceX and two other employers. ...more

Bass, Berry & Sims PLC

Fifth Circuit Rules NLRB’s Removal Protections for Members and ALJs Likely Unconstitutional

Bass, Berry & Sims PLC on

In a major setback for the National Labor Relations Board (NLRB), the Fifth Circuit Court of Appeals recently upheld an injunction, preventing the NLRB from holding an unfair labor practice (ULP) hearing against SpaceX and...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Rules NLRB Structure Likely Unconstitutional

On August 19, 2025, the Fifth Circuit upheld injunctions barring the National Labor Relations Board (“NLRB” or the “Board”) from prosecuting unfair labor practice cases against SpaceX and two other companies. In its decision,...more

Littler

Fifth Circuit Upholds Injunction Because NLRB Structure is Likely Unconstitutional

Littler on

On August 19, 2025, in Space Exploration Tech. Corp. v. National Labor Relations Board, et al., a panel of the U.S. Court of Appeals for the Fifth Circuit upheld preliminary injunctions that had halted NLRB complaint...more

Kilpatrick

Houston, We (May) Have a Constitutional Problem: Fifth Circuit Puts NLRB Structure in the Hot Seat

Kilpatrick on

In Space Exploration Technologies Corp. v. National Labor Relations Board (the “SpaceX Case”), the U.S. Court of Appeals for the Fifth Circuit upheld injunctions issued by federal district courts in Texas. The injunctions...more

Proskauer - Labor Relations Update

Fifth Circuit Boosts Spacex’s Constitutionality Arguments

On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed preliminary injunctions halting National Labor Relations Board (“NLRB” or the “NLRB”) proceedings against SpaceX and two other companies while they...more

Holland & Knight LLP

Fifth Circuit: Dual Removal Protections for NLRB ALJs, Board Members Likely Unconstitutional

Holland & Knight LLP on

In issuing a preliminary injunction in Space Exploration Technologies Corp. v. National Labor Relations Board, No. 24-50627 (5th Cir. 2025), the U.S. Court of Appeals for the Fifth Circuit held that the structure of the...more

Ward and Smith, P.A.

Federal Appellate Court Enjoins NLRB Proceedings, Concluding the NLRB’s Structure Is Likely Unconstitutional

Ward and Smith, P.A. on

The NLRB’s Board Members and administrative law judges (“ALJs”) enjoy “for cause” removal protections, which generally means that they can be removed only for malfeasance or disregard of duty....more

Payne & Fears

NLRB’s Structure is Likely Unconstitutional Holds the Fifth Circuit in Win for SpaceX

Payne & Fears on

On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit — the federal court that hears appeals from federal trial courts in Texas, Mississippi, and Louisiana — held that statutory removal protections for NLRB...more

Vorys, Sater, Seymour and Pease LLP

Fifth Circuit Finds NLRB Structure Unconstitutional, Upholds Injunction

On Tuesday, August 19, the Fifth Circuit issued a highly anticipated decision upholding an injunction that prevents the National Labor Relations Board (“NLRB”) from prosecuting unfair labor practice cases against SpaceX, Aunt...more

Eversheds Sutherland (US) LLP

Not So Fast – NLRB Structure Unconstitutional According to the Fifth Circuit

In November 2022, a La Grange employee filed an unfair labor practice charge with the NLRB, which resulted in the regional office issuing a complaint in March 2024. La Grange sought injunctive relief with the US District...more

CDF Labor Law LLP

Fifth Circuit Ruling Puts NLRB on Constitutional Hot Seat

CDF Labor Law LLP on

The Fifth Circuit just handed SpaceX, and two other employers, a significant victory in their fight with the National Labor Relations Board (NLRB). The August 19 ruling with potentially seismic implications for the NLRB...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Panel Says NLRB Judge, Member Removal Protections Likely Unconstitutional

On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed the issuance of preliminary injunctions by district courts that halted National Labor Relations Board (NLRB) unfair labor practice (ULP) proceedings...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Decision on NLRB ALJs Raises Constitutional Questions for OSHRC Removal Protections

The Fifth Circuit Court of Appeals’ August 2025 decision that addressed the constitutionality of dual for-cause removal protections for administrative law judges (ALJs) at the National Labor Relations Board (NLRB) has...more

Troutman Pepper Locke

FDA Tobacco Civil Money Penalty Provisions Ruled Unconstitutional, but Not Enjoined Nationwide

Troutman Pepper Locke on

In early August, the U.S. District Court for the Northern District of Texas ruled that the civil money penalty (CMP) provision in the Food, Drug, and Cosmetic Act (FDCA) for tobacco products, 21 U.S.C. § 333(f)(9), is...more

Seyfarth Shaw LLP

The Week in Weed: August 2025

Seyfarth Shaw LLP on

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, the Supreme Court will considering hearing a case involving guns and cannabis....more

Fisher Phillips

Farm Employers Score Major Win in H-2A Dispute – How Your Business Should Respond to Federal Appeals Court Decision

Fisher Phillips on

A federal appeals court just ruled that the Department of Labor’s administrative system for imposing civil penalties on agricultural employers for H-2A violations is unconstitutional, handing businesses across all industries...more

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