News & Analysis as of September 9, 2025

Constitutional Challenges

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

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

Fox Rothschild LLP on 8/27/2025

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

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

Kilpatrick on 8/25/2025

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

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

Eversheds Sutherland (US) LLP on 8/21/2025

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/20/2025

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

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

Stevens & Lee on 5/27/2025

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

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