News & Analysis as of

Statutory Interpretation Government Agencies Appointments Clause

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

Hogan Lovells

Supreme Court affirms constitutionality of U.S. Preventive Services Task Force

Hogan Lovells on

On June 27, 2025, the Supreme Court in Kennedy v. Braidwood Management, Inc. upheld the structure of the U.S. Preventive Services Task Force (USPSTF, or “Task Force”), overturning a Fifth Circuit decision that had ruled that...more

King & Spalding

Supreme Court Decision Is A Win for Preventative Services Providers

King & Spalding on

Last week, in a 6-3 decision, the Supreme Court overturned a Fifth Circuit decision holding that HHS-appointed United States Preventative Task Force (USPTF) members are inferior officers that do not need to be approved by the...more

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