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Expert Analysis

What To Mull After 9th Circ. Ruling On NLRB Constitutionality

By Joshua Fox and Taylor Arluck ( November 17, 2025, 5:42 PM EST) -- On Oct. 28, in a unanimous, published decision, the U.S. Court of Appeals for the Ninth Circuit rejected three key constitutional attacks on the National Labor Relations Board, some of which have gained favor in other circuit courts, making it harder — for now — for employers to challenge board proceedings in that jurisdiction. This decision creates a circuit split that could foretell a U.S. Supreme Court resolution....

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