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Labor Board Shows No Removal Weeks After the Slaughter Ruling

Nine days after the Supreme Court overturned Humphrey's Executor in Trump v. Slaughter, the National Labor Relations Board has not lost a member, fired a general counsel, or reversed a docket. Yesterday this paper reported that an enforcement clock had started after Slaughter, naming the docket outcome as the test of whether the doctrine would move from reasoning into a record. Today reports the test result: it has not moved.

The doctrine itself is settled. Legal analysts at the National Law Review, the Congressional Research Service, Ogletree and CDF Labor Law read Slaughter's reasoning as applying squarely to the NLRA's for-cause removal protection, and note that the ruling appears to validate President Trump's earlier removal of board member Gwynne Wilcox. [1][2] The general counsel already served at will before Slaughter. What analysts describe is a president who "may remove board members for any reason or none" — a power now available. [1]

Available is not the same as exercised. As of July 8 there is no new July removal, no general-counsel firing, no settlement reversal, no docket reversed. The behavioral receipt the paper has been watching for — following the term that stripped Congress of its power to protect regulators — has not arrived. This is the accountability note the mainstream will not file, because "nothing happened yet" is not a headline. The honest answer to the paper's own question is a stall: the doctrine is complete, the docket is quiet, and the reader deserves to know the clock has not turned.

-- ANNA WEBER, Berlin

Sources & X Posts

News Sources
[1] https://natlawreview.com/article/what-supreme-courts-slaughter-decision-means-nlrb
[2] https://www.congress.gov/crs-product/LSB11448

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