Fifth Circuit’s Oldham Bashes Independent Agencies in NLRB Case

The Fifth Circuit’s conservatives split on whether to rehear a case over a redone NLRB finding, with one of its prominent conservative members taking a swipe at the power of federal agencies.

A three-judge panel for the US Court of Appeals for the Fifth Circuit ruled in March that the National Labor Relations Board acted properly in vacating a 2020 decision against an ExxonMobil subsidiary, after a President Donald Trump-appointed board member turned out to have stock holdings in the company. The en banc court voted 13-4 against rehearing that case, according to an order published Wednesday.

Judge Andrew Oldham, ...