February 04, 2025
February is off to a rip-roaring start in several circuits, and there's plenty more action ahead, including a moment of truth for judiciary policymaking that has managed to anger both the defense and plaintiffs bars. We'll explore all that in this edition of Wheeling & Appealing, which also includes an appellate quiz pegged to recent presidential news.
February 04, 2025
National Labor Relations Board attorneys told the Fifth Circuit that they won't defend NLRB members' firing protections at a Feb. 5 hearing on the agency's constitutionality in the wake of the president's removal of a board member and appointment of a new acting prosecutor.
December 12, 2024
SpaceX and two other companies called on the Fifth Circuit to uphold district court injunctions halting National Labor Relations Board cases against them, with the employers saying they are likely to show board members and administrative law judges are unconstitutionally shielded from removal by the president.
November 05, 2024
The AFL-CIO and one of its member unions have asked the Fifth Circuit to undo a trio of injunctions that blocked National Labor Relations Board cases from proceeding on constitutional grounds, saying the injunctions "perpetuate a much graver constitutional harm than they claim to remedy."
October 29, 2024
The National Labor Relations Board has filed its defense to a consolidated Fifth Circuit challenge to its constitutionality, arguing that courts overstepped by blocking NLRB suits against SpaceX and others and that it's more harmful to enjoin the agency's prosecutions than to let them proceed.
October 10, 2024
An energy company asked the Fifth Circuit on Thursday to keep three disputes involving the structure of the National Labor Relations Board separate, arguing consolidation isn't the right call because the cases have different facts.
October 03, 2024
The Fifth Circuit should combine appeals of district court orders halting unfair labor practice proceedings against SpaceX and other companies in connection with their constitutional challenges to the National Labor Relations Board's structure, the board argued, saying the injunctions have "put justice on hold" for workers.