The court found that the labor relations board members and judges are not accountable for the amount of power they wield.
The Fifth Circuit Court of Appeals recently upheld a lower court ruling preventing the National Labor Relations Board (NLRB) from advancing several legal cases against employers related to labor violations. The appeals addressed claims that the NLRB violates the Constitution’s separation of powers
The court stated that, since the “for cause“ provisions of NLRB’s board members and administrative law judges’ positions protect them from removal, they are not subject to presidential oversight. The court concluded this structure is likely a violation of Article II of the Constitution, since the NLRB officials are not accountable for wielding “executive power.“
The case is expected to be appealed to the Supreme Court.
As the Lord Leads, Pray with Us…
- For federal judges to be prudent in their decisions and impartially uphold the Constitution and federal laws.
- For wisdom for district and circuit court judges as they hear and rule on challenges to the president’s actions and policies.
Sources: National Law Review, MSN, Jacobin
