Accessibility Tools

Skip to main content

The Latest      —

Fifth Circuit Federal Court Has Upheld Injunctions against NLRB Proceedings

Written on .

On August 19, 2025, the Fifth Circuit Court of Appeals upheld preliminary injunctions against complaint proceedings before the National Labor Relations Board (NLRB).  The court held that plaintiffs will likely prevail in their arguments that protections limiting the President’s removal powers over administrative law judges (ALJs) and Board members violate the United States Constitution. 

Space Exploration Tech. Corp. v. National Labor Relations Board, No. 24-40533.  The concept is that Article II of the Constitution states that executive power rests solely in the President, and thus subordinates who have that power on the President’s behalf must remain subject to his control.  It is significant, however, that the Fifth Circuit ruling did not determine the outcome of the argument that the court could sever any offending removal protections, and allowing the NLRB case to proceed otherwise. 

Thus, it is possible that this court and other courts ultimately allow NLRB proceedings to continue as normal and require the removal of the unconstitutional provisions dealing with the litigated protections.  It should also be noted that a number of federal district courts in other jurisdictions either upheld the legality of the litigated protections or require an employer to prove that the restrictions will cause actual irreparable harm to particular litigation before the NLRB, a hard standard for an employer to meet.  A number of cases are pending addressing these issues which will ultimately have to be determined by the U.S. Supreme Court.

    This article is part of our October 2025 Newsletter. 

    View the newsletter online

    Download the newsletter as a PDF

    Get Email Updates

    Receive newsletters and alerts directly in your email inbox. Sign up below.
    democrat donkey symbol, usa
    Legal Alert • Labor & Employment On Tuesday, November 3rd, the tsunami brought Democrats to power not only in both houses…
    november webinar promo graphic
    The Obama Administration changed the long standing Wage Hour Interpretative Bulletin concerning joint employment and independent contractor…
    stamp, desk table
    In a first for at least the last decade or so, the EEOC has brought a discrimination claim alleging the New York Times promotion practices…
    letter
    Suppose a former employee following termination makes threatening, harassing, defamatory or otherwise inappropriate statements or violates…
    changing leaf
    On August 17, James Macy became the third GOP-appointed member of the National Labor Relations Board (NLRB), giving the NLRB three members…
    glasses, beach, horizon
    On August 26, 2026, the U.S. Department of Labor (DOL) addressed employee wellness programs that permit fees on workers’ health premiums fo…