News & Analysis as of

Government Agencies Removal For-Cause

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

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

Nelson Mullins Riley & Scarborough LLP

Supreme Court Allows President Trump to Remove Democratic CPSC Commissioners

In a significant decision with broad implications for the structure and independence of federal regulatory agencies, the U.S. Supreme Court on July 23, 2025, granted President Trump’s request to remove three Democratic...more

Ballard Spahr LLP

Appeals court puts reinstatement of two Democratic members of NCUA board on hold

Ballard Spahr LLP on

The reinstatement of two Democratic NCUA board members has been put on hold by the U.S. Circuit Court of Appeals for the District of Columbia....more

Ballard Spahr LLP

Reinstated Democratic NCUA board members fired by Trump return to work, as the Supreme Court allows Trump’s firing of Democrats on...

Ballard Spahr LLP on

Two reinstated National Credit Union Administration (NCUA) board members participated in a board meeting on July 24, even as the Supreme Court signaled that three Democratic members of the Consumer Product Safety Commission...more

Husch Blackwell LLP

Court Orders Reinstatement of CPSC Commissioners After Unlawful Firing by the Trump Administration

Husch Blackwell LLP on

On Friday, Judge Matthew J. Maddox of the U.S. District Court for the District of Maryland ruled that the removal of Democratic Commissioners from the Consumer Product Safety Commission (“CPSC”) without cause was unlawful....more

Stevens & Lee

Has Humphrey’s Executor Been Effectively Overruled on the Supreme Court’s Emergency Docket with Impact on the FTC?

Stevens & Lee on

The Supreme Court last week granted the stay requested by the Government enjoining the enforcement of the U.S. District Court for the District of Columbia’s orders involving President Trump’s firing of members of the National...more

Ballard Spahr LLP

Ousted Democratic NCUA board members file suit

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The two Democratic NCUA board members ousted by President Trump have filed suit, arguing that their firings violated federal law....more

Pillsbury Winthrop Shaw Pittman LLP

PHH v. CFPB, Part I: President of Consumer Finance No More

In response to a challenge from mortgage servicer PHH Corp. regarding the constitutionality of the single director structure of the Consumer Financial Protection Bureau (the CFPB or Bureau), the United States Court of...more

Bradley Arant Boult Cummings LLP

Appellate Court Decision Holding CFPB Unconstitutional Promises Significant Implications

In a landmark decision issued last week, the U.S. Court of Appeals for the D.C. Circuit held that the Consumer Financial Protection Bureau’s (CFPB) structure violated the Constitution’s separation-of-powers requirements. In...more

Brownstein Hyatt Farber Schreck

U.S. Court of Appeals Rules Current Structure of CFPB Unconstitutional

The Consumer Financial Protection Bureau’s (CFPB) reign as an unchecked power just suffered a significant check. On Oct. 11, 2016, the U.S. Court of Appeals for the District of Columbia found that the CFPB’s structure was...more

Poyner Spruill LLP

CFPB Declared Unconstitutional

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The United States Court of Appeals for the District of Columbia Circuit today ruled on a critical case “about executive power and individual liberty.” In the matter of PHH Corporation, et. al., v. the Consumer Financial...more

Balch & Bingham LLP

CFPB Single-Director Structure Deemed Unconstitutional

Balch & Bingham LLP on

Yesterday—in PHH Corp. v. CFPB—the U.S. Court of Appeals for the District of Columbia (the “D.C. Circuit”) held that the single-director structure of the Consumer Financial Protection Bureau (“CFPB”) is unconstitutional,...more

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