In a landmark ruling that could reshape the landscape of U.S. labor laws, the Fifth Circuit Court has forcefully challenged the structural integrity of the National Labor Relations Board (NLRB). Authored by Judge Don Willett, the decision posits that the protections limiting the president's ability to remove board members and administrative law judges are likely unconstitutional. This ruling came as a response to cases brought forward by three separate employers: SpaceX, Energy Transfer, and Aunt Bertha.

The court affirmed injunctions that halt the NLRB's enforcement actions against these companies, stating, "The Constitution does not countenance unlawful power. And when the Constitution draws boundaries, neither agency expedience nor institutional inertia can erase them." This bold assertion underscores a judicial pushback against longstanding precedents, particularly the reliance on Humphrey’s Executor, a case from the 1930s that has been a foundational element in upholding such structural protections.

Judge Willett’s opinion suggests that the federal law's removal protections infringe upon the Constitution's separation of powers doctrine. He emphasized that when an agency's structure is constitutionally flawed, the resulting harm is immediate and necessitates a swift remedy. This decision, therefore, not only challenges the current framework of the NLRB but also supports a broader interpretation of presidential powers as previously advocated by former President Donald Trump.

This ruling is poised to escalate the issue to the Supreme Court, providing it with another opportunity to redefine the balance of power within the federal government. Critics of the decision argue that it undermines decades of legal precedent and could weaken the NLRB's ability to protect workers from unfair labor practices.

The full implications of this decision remain to be seen as it likely heads to the Supreme Court for further scrutiny and final judgment. Meanwhile, labor rights advocates and legal experts are closely monitoring the situation, aware that the ultimate outcome could have profound impacts on labor law enforcement across the country.

Read the full decision [here](https://abovethelaw.com/wp-content/uploads/sites/4/2025/08/2378000-2378777-document-9.pdf).

The ruling has sparked a robust debate about the future of labor rights in America, highlighting a critical juncture in the interpretation of constitutional boundaries and presidential powers. As this case progresses, it will undoubtedly attract significant legal and public attention, setting the stage for potentially transformative changes in how labor relations are governed in the United States.