The Fifth Circuit ruled that the National Labor Relations Board's (NLRB) structure may be unconstitutional, affecting its ability to prosecute unfair labor practices. Judge Don Willett authored the opinion affirming injunctions against enforcement actions involving SpaceX, Energy Transfer, and Aunt Bertha. The ruling emphasized that federal law's removal protections for board members likely violate the Constitution. The decision represents a significant shift in the view of presidential power and may influence future Supreme Court interpretations regarding agency structures and separation of powers.
The Constitution does not countenance unlawful power. And when the Constitution draws boundaries, neither agency expedience nor institutional inertia can erase them.
The Employers have made their case and should not have to choose between compliance and constitutionality. When an agency's structure violates the separation of powers, the harm is immediate—and the remedy must be, too.
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