No en banc review for the NLRB

The Fifth Circuit denied en banc review of ExxonMobil v. NLRB, a dispute about the NLRB’s decision to vacate an earlier decision and retry the matter (decried by Exxon as a political maneuver; defended by the NLRB as the result of a conflict for a board member involved in the earlier proceeding). A dissent from the denial of en banc review states the case against excessive “independence” for independent agencies, and also has some observations about party-presentation as applied to the evolution of the parties’ arguments during this long-lived case. No. 23-60495 (Dec. 17, 2025).