Overview

• The New Orleans-based court issued the first appellate ruling to say the NLRB’s design likely violates Article II.
• The panel upheld injunctions that halt unfair‑labor‑practice proceedings against SpaceX, Energy Transfer and Findhelp.
• Judge Don Willett wrote that dual for‑cause protections for ALJs and for‑cause limits on removing board members likely breach separation of powers, citing Free Enterprise Fund and Jarkesy while narrowing Humphrey’s Executor.
• The court said being subjected to an unconstitutional administrative proceeding is irreparable harm and confirmed district courts can enjoin such cases.
• The outcome leaves enforcement uncertain as similar challenges proceed and the NLRB prepares expected appeals, with the board already unable to issue decisions since President Trump removed Member Gwynne Wilcox in January.