SpaceX just won a preliminary injunction in a Texas federal district court against the National Labor Relations Board. The decision moves us closer to a potential Supreme Court decision declaring the NLRB unconstitutional — and massively empowering bosses.
  •  t3rmit3   ( @t3rmit3@beehaw.org ) 
    2•2 months ago
    • Agencies employ ALJs, or “Administrative Law Judges”, who specialize in regulations, and hear and oversee certain cases related to enforcement actions.
    • Some agencies have “removal protection” rules for employees like ALJs, that prevent e.g. the President from axing those employees (to prevent agencies having to get a new raft of judges every 4-8 years).
    • SCOTUS recently ruled those protections are unconstitutional, in SEC vs Jarkesy
    • SpaceX is arguing that because the NLRB has similar removal protection rules for its ALJs and some other members, it cannot bring enforcement actions against SpaceX
    • the district court agreed, and put an injunction on the NLRB from bringing a pending Unfair Labor Practice charge against SpaceX