Biden Firing of Trump Labor Board Lawyer Heads to 5th Circuit

President Joe Biden’s unprecedented Inauguration Day firing of the federal labor board’s top lawyer during the Trump administration is teed up for judicial review at a Republican-dominated U.S. appeals court in New Orleans.

Business software firm Exela Enterprise Solutions Inc. has told the U.S. Court of Appeals for the Fifth Circuit that Biden lacked the legal authority to remove former National Labor Relations Board General Counsel Peter Robb.

The unlawful termination made the actions of Robb’s replacement—including issuing an unfair labor practice complaint that led to an NLRB ruling against Exela—legally invalid, the company argued in court filings.

The ...