November 18, 2024
The Fifth Circuit appears poised to punt — for now — on the issue of the National Labor Relations Board's constitutionality after a panel questioned on Monday whether SpaceX and Amazon have valid challenges to "effective" denials of their efforts to thwart prosecution for alleged labor violations.
November 01, 2024
One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach. All that and more is making November a month of exceptional appellate intrigue.
October 25, 2024
Amazon pushed back on the National Labor Relations Board's claim at the Fifth Circuit that the company has not justified its suit seeking to block prosecutions against it on the grounds that the agency is unconstitutionally structured, arguing that facing unconstitutional proceedings is a harm courts can remedy.
October 18, 2024
Amazon manufactured an emergency to get a constitutional challenge to the National Labor Relations Board's structure before the Fifth Circuit as soon as possible, the board told the appeals court in a new brief, urging it to reject the company's tactic and refuse to hear the case.
October 16, 2024
A coalition of business groups filed an amicus brief backing Amazon's Fifth Circuit challenge to the National Labor Relations Board's constitutionality, saying the board's members have unconstitutional job protections because they are "experts in nothing but the board's own internal rules."
October 11, 2024
The Fifth Circuit must permit the Teamsters Amazon National Negotiating Committee to intervene in Amazon's constitutional fight against the National Labor Relations Board, the committee argued, saying limits on the group's participation are detrimental to the workers it represents.
September 30, 2024
The Fifth Circuit on Monday stayed two related proceedings involving Amazon: a National Labor Relations Board case over its alleged refusal to bargain, and the e-commerce giant's constitutional challenge to the agency's structure in a Texas district court.