On December 18, 2024, WLF asked the Fifth Circuit to vacate the NLRB’s unlawful and unconstitutional enforcement action against Amazon.com. In its amicus brief in support of Amazon, WLF urges the court to hold that NLRB’s ALJs enjoy unconstitutional removal protection. As the brief explains, NLRB’s ALJs are inferior officers who enjoy multiple levels of for-cause removal protection. The Supreme Court’s decisions in Jarkesy and Free Enterprise Fund make clear that this violates Article II because the President lacks the ability to ensure that the ALJs are fulfilling their duties. WLF joined the Coalition for a Democratic Workplace, Associated Builders and Contractors, the Mackinac Center for Public Policy, and the Institute for the American Worker on the brief, which was drafted by Alex T. MacDonald at Littler Mendelson PC.
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