Split 5th Circuit Upholds Preliminary Injunctions Halting NLRB ULP Proceedings

( August 20, 2025, 12:09 PM EDT) -- NEW ORLEANS — Three trial courts properly issued preliminary injunctions in three cases challenging the constitutionality of the National Labor Relations Board that halted unfair labor practice (ULP) complaints against three employers, a Fifth Circuit U.S. Court of Appeals panel majority ruled Aug. 19, opining that the employers “made their case” regarding the dual for-cause removal protections for administrative law judges (ALJs) and NLRB members and “[w]hen an agency’s structure violates the separation of powers, the harm is immediate—and the remedy must be, too.”...