For the last year or so, federal district court judges in the Fifth Circuit have been enjoining the National Labor Relations Board (NLRB) from processing unfair labor practice charges against employers in Texas, Louisiana, and Mississippi. I’ve written a couple of pieces about this including this one in September of last year. Three of these district court cases were consolidated into an appeal that recently went before the Fifth Circuit. Unsurprisingly, the Fifth Circuit, which is dominated by conservatives, endorsed this particular legal theory and upheld the district court decisions enjoining the NLRB from processing unfair labor practice charges against the involved employers.

At this point, the practical significance of this ruling is essentially zero.

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