The NLRB is appealing the injunction entered against it last week in a challenge brought by Elon Musk's SpaceX. The district court found that NLRB's ALJs and members themselves are likely unconstitutionally appointed. The appeal goes to the Fifth Circuit. https://t.co/KlLhFEB88u https://t.co/zE5Z5PWefE https://t.co/4JpJABfkQZ
A federal judge said Energy Transfer was likely to succeed on its claim that NLRB administrative law judges are insulated from removal by the president in violation of the Appointments Clause of the US Constitution https://t.co/eU8lm2lhxj https://t.co/5sF3SybMo4
The 9th Circuit signaled that a SCOTUS ruling could impact the NLRB in an alleged labor law violations case against Macy's. The court asked lawyers in the case how the ruling may affect the NLRB's ability to impose remedies in administrative cases https://t.co/QbXmZtfCKH https://t.co/S7l6EVE3tu
A federal judge in Texas has temporarily blocked a National Labor Relations Board (NLRB) case against pipeline operator Energy Transfer, allowing the company to pursue its lawsuit challenging the agency's structure. The judge indicated that Energy Transfer is likely to succeed on its claim that NLRB administrative law judges are insulated from presidential removal, which violates the Appointments Clause of the US Constitution. This decision comes amid broader scrutiny of the NLRB's structure following a recent US Supreme Court ruling that curbed the in-house enforcement powers of some federal agencies. The NLRB is appealing the injunction in a separate case involving Elon Musk's SpaceX, where the district court found that NLRB's administrative law judges and members are likely unconstitutionally appointed. The appeal has been sent to the Fifth Circuit. Meanwhile, the 9th Circuit has signaled that the Supreme Court ruling could impact the NLRB in an alleged labor law violations case against Macy's.