On August 19, 2025, the Fifth Circuit preliminarily enjoined enforcement actions by the National Labor Relations Board (NLRB). The decision was a victory for Washington Legal Foundation, which filed an amicus brief supporting that result. WLF’s brief urged the court to hold that NLRB’s ALJs enjoy unconstitutional removal protection. As the brief explained, NLRB’s ALJs are inferior officers who enjoy multiple levels of for-cause removal protection. The Supreme Court’s decisions in Jarkesy and Free Enterprise Fund make clear that this violates Article II because the President lacks the ability to ensure that the ALJs are fulfilling their duties. WLF’s brief was prepared by Alex T. Macdonald at Littler Mendelson PC.
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