As far as federal agencies go, the National Labor Relations Board (“NLRB”), established in 1935, is of relatively ancient vintage, and its constitutionality was affirmed long ago in NLRB v. Jones & Laughlin Steel Corp. Even so, with the administrative state under assault and stare decisis in retreat, renewed challenges to the NLRA’s constitutionality are increasingly in vogue. As John has detailed for OnLabor, […]
