Recent D.C. Circuit Decisions: Trimming the NLRB's Sails
When President Obama appointed three judges to the D.C. Circuit Court of Appeals in 2013—Judges Nina Pillard, Patricia Ann Millett, and Robert L. Wilkins—there were reports by journalists and radio talk show hosts that the President was attempting to "stack" the D.C. Circuit with judges who would "rubber stamp" the NLRB's decisions as well as those of other agencies. To paraphrase Mark Twain, reports of the demise of the D.C. Circuit as a "go-to" reviewing court have been greatly exaggerated. In the last half of 2016, the D.C. Circuit reversed the NLRB in a series of decisions, even sanctioning the NLRB for what it called a disingenuous, "bad faith" argument in one case. In this Bloomberg Law Insights article, Douglas Darch and Jonathon Hitz of Baker McKenzie discuss several recent cases decided by the D.C. Circuit.
*This article was first published in Bloomberg BNA.