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Good morning. The 5th Circuit became the first appeals court to find that the NLRB's structure is likely unlawful in a case involving SpaceX and two other companies. Meanwhile, more than 20 Democratic state AGs will ask a federal judge to block a Trump-era policy denying undocumented migrants access to federally funded programs for low-income families. And have you ever paid extra for a window seat but got a wall instead? Some flyers are suing airlines over it. Let's dive in! |
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In an appellate court first, the 5th Circuit ruled that a law shielding National Labor Relations Board judges and board members from being removed at will by the president is likely illegal. Here are the key highlights: |
- The New Orleans-based court on Tuesday sided with Elon Musk's SpaceX, pipeline operator Energy Transfer, and social services search engine operator Aunt Bertha, upholding decisions by three Texas judges that blocked NLRB cases against the companies alleging illegal labor practices. Read the decision.
- The court said that the protections from removing NLRB judges and board members prevent the president from exercising his power to control the executive branch.
- Circuit Judge Don Willett, a Trump appointee, wrote, "The Employers have made their case and should not have to choose between compliance and constitutionality." He added, "Because the executive power remains solely vested in the President, those who exercise it on his behalf must remain subject to his oversight."
- The U.S. Supreme Court in May allowed President Trump's firing of two Democratic members of federal labor boards — Cathy Harris from the Merit Systems Protection Board and Gwynne Wilcox from the NLRB — to remain in effect while their legal challenges proceed in a dispute testing his authority over independent government agencies. Read more about it here.
- Similar cases challenging the NLRB's structure are pending. The Trump administration has advanced the same arguments since the president fired Wilcox in January, prompting her to sue for reinstatement.
- The five-member board has been unable to issue decisions since Wilcox's removal in January. The only federal agency that hears private-sector labor disputes, the NLRB was designed by Congress to operate independently from the White House, and no board member had been removed by a president before. Read more.
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- U.S. District Judge Sharon Coleman in Chicago will take up the DOJ's challenge to a law enacted by Democratic-led Illinois designed to protect the privacy of workers who are non-U.S. citizens on the grounds that it is impeding the Trump administration's authority over immigration enforcement. Read the complaint.
- More than 20 Democratic state AGs will urge U.S. District Judge Mary McElroy in Providence, Rhode Island, to block a Trump administration policy that bars migrants living in the U.S. illegally from accessing federally-funded programs for low-income families that provide early childhood education, food and healthcare, saying it could force the programs to shutter altogether.
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Court calendars are subject to last-minute docket changes. |
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That's how much the parent of Booking.com and other travel websites will pay to settle a Texas lawsuit claiming it deceptively marketed hotel rooms by omitting mandatory "junk" fees, enticing consumers with artificially low prices. Texas Attorney General Ken Paxton said the settlement with Booking Holdings is the largest by a U.S. state related to junk fee practices against any hotel or online travel agency. Read more. |
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Carolyn Small, Betsy Henthorne and Rebekah Lee of Jenner & Block examine the application of the False Claims Act to enforce the Trump administration's interpretation of federal civil rights laws, and how organizations whose DEI programs are targeted can mount a defense. Read today's Attorney Analysis. |
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