Policy Week in Review – December 5, 2025

DC Circuit Rules NLRB Members are Removable at Will 

The U.S. Court of Appeals for the District of Columbia Circuit ruled earlier today that the president can remove a member of the National Labor Relations Board (NLRB), Gwynne Wilcox, without cause. The court held that because NLRB members exercise “substantial executive power,” they cannot be insulated from the president’s control. They therefore can be removed at will. The decision was widely expected following an order issued last May by the U.S. Supreme Court, which allowed the administration to keep Wilcox out of office while her challenge to her removal went forward. That order, however, was only an interim order, whereas the D.C. Circuit’s opinion reaches the merits of the case. 

Even so, the D.C. Circuit’s opinion may not be the last word. On Monday, the Supreme Court will hear oral arguments in a related case involving Rebecca Slaughter, an FTC commissioner. Like Wilcox, Slaughter was removed from office without “cause.” The Supreme Court’s opinion in Slaughter’s case could resolve whether the president can unilaterally remove the heads of independent agencies, including the NLRB, solely because of policy disagreements. 

NLRB Nominees Advancing 

On Wednesday, the Senate HELP Committee approved the nomination of Scott Mayer to be a member of the NLRB by a party-line vote of 12-11. Senate Majority Leader John Thune (R-SD) filed a resolution yesterday authorizing en bloc consideration of 97 nominations, which tees up a series of Senate floor votes to confirm nominees next week. The list includes Crystal Carey to be general counsel of the NLRB and James Murphy and Scott Mayer to be members of the NLRB. If Mayer and Murphy are confirmed, the NLRB will regain a quorum to start issuing decisions and engage in rulemaking. 

House Vote on SCORE Act Cancelled

House leadership pulled a floor vote on the bipartisan Student Compensation and Opportunity Through Rights and Endorsements (SCORE) Act, which would create a national framework to regulate how student-athletes earn compensation from their name, image, and likeness (NIL) and prevent athletes from being considered employees, after Representative Chip Roy (R-TX) and others expressed concerns about the legislation. Read Rep. Roy’s post here. It is unclear when/if the bill will be brought back to the House floor for a vote. 

Related, Representative Lori Trahan (D-MA), a former Division I volleyball player, recently introduced the College Athletics Reform Act, which would establish unrestricted NIL rights for college athletes; provide for enforcement through the Federal Trade Commission and state attorneys general; create a private right of action; preempt conflicting state laws; and create a congressionally appointed, bipartisan 16-member commission to study and develop recommendations to stabilize college sports. 

Senate and House Hearings on Workforce Development Slated for Next Week

The Senate Subcommittee on Education and the American Family will hold a hearing on December 9 at 2:00 p.m. ET, titled, “Building Pathways: Advancing Workforce Development in the 21st Century.”  

The House Subcommittee on Higher Education and Workforce Development will hold a hearing on December 10 at 10:15 am ET, titled, “Building a Talent Marketplace: How LERS Empower Workers and Expand Opportunity.”