⚖ Oral Arguments, with Context

The United States Court of Appeals for the Fifth Circuit hears argument in Corr Flight S versus Department of Labor. Corr Flight S is an air carrier that operates as Nicholas Air. The case arises from a whistleblower retaliation claim under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, known as AIR 21. An administrative law judge found that the company retaliated against a pilot, and the Department of Labor's review board affirmed; the company now petitions this court for review, so the agency's findings are the starting point. The pilot alleged that he engaged in protected safety activity. He said he refused to fly with a more senior pilot, and he accused that pilot of violating Federal Aviation Administration regulations by leaving the cockpit mid-flight without a qualified pilot present. The company disputes that the refusal was protected activity and argues the findings are not supported by substantial evidence. The appeal also raises a constitutional question. The Department of Labor has conceded that the statutory protections limiting removal of its administrative law judges are unconstitutional. The parties dispute what follows from that. The company argues the defect entitles it to a new hearing. The government argues the company forfeited the challenge by not raising it earlier in the agency, and that in any event a party must show the unconstitutional protections actually harmed it.

Corr Flight S. v. Dept of Labor (No. 25-60286) — U.S. Court of Appeals for the Fifth Circuit, argued August 6, 2026.