The future of the National Labor Relations Board (NLRB or Board), the venerable agency that since 1935 has been the exclusive investigation, enforcement, and adjudicatory body under the National Labor Relations Act (NLRA or Act), is in doubt. As of this writing, it seems likely, that perhaps sometime in fall 2025 or spring 2026, the Supreme Court will overrule or substantially narrow Humphrey’s Executor v. United States (1935). There will be some consternation over imperiling the structure of the Federal Reserve Board, which like the NLRB is a multimember agency whose members are insulated from at-will presidential removal before the end of their terms. The Court will, we suspect, find some way to distinguish the Federal Reserve Board, whether persuasively or not.
One of us (Estreicher) is usually loathe to make short-term predictions, but this one is likely to hold true. We base this on the Court’s order or decision in Trump v. Wilcox, No. A24A966 (May 22, 2025), staying a lower court ruling requiring the reinstatement of a member of the NLRB and a member of the Merit Systems Protection Board (MSPB), a multimember body that handles federal employee disputes. The Court explained that “[t]he stay reflects our judgment that the Government is likely to show that both the NLRB and the MSPB exercise considerable executive power.” The Court did aver that it was not deciding at this stage whether either agency falls within a “recognized exception” from unrestricted presidential...
World Moscow is accused of dodging sanctions via shadow fleets to ship oil to China, India and Turkey, with CREA saying 113 Russian vessels flew false flags in 2025, moving 13% of crude worth 4.7 b...