Quote:Elon Musk's SpaceX turned a smallbore squabble about an alleged unfair labor practice into a massive assault on the administrative state that could result in the entire enforcement structure of the National Labor Relations Board being declared unconstitutional. In an opinion released Thursday, US District Judge Alan Albright of the Western District of Texas, a Trump appointee, ruled that SpaceX "has demonstrated a substantial likelihood of success on its claims that Congress has impermissibly protected both the NLRB Members and the NLRB ALJs from the President’s Article II power of removal."

The case started with SpaceX firing eight engineers for circulating a letter criticizing Musk for alleged "sexist conduct" and claiming the company discriminated against women. There is no word on the engineers' hair color or pronouns. After their defenestration, they were required to sign severance agreements that prevented them from publicly disparaging SpaceX or joining in class action lawsuits. They made a complaint to the NLRB, which was naturally accepted.

Judge Albright's decision followed a July 10 ruling in which he granted an injunction against any NLRB action until the agency's constitutionality is established.

SpaceX's attack on the NLRB structure was based on a recent Supreme Court decision, Security and Exchange Commission vs. Jarkesy, and the Fifth Circuit opinion that preceded the Supreme Court ruling.

SpaceX argued that, like in Jarkesy, the double insulation for NLRB administrative law judges was an unconstitutional infringement of the president's power to fire minor officers. In this case, a byzantine system essentially ensures administrative law judges can do whatever they wish. Administrative law judged can only be removed for good cause determined by the Merit Systems Protection Board. The MSPB has the same protection. The appointed members of the NLRB are only removable “for neglect of duty or malfeasance in office.” The Supreme Court has twice found that level of insulation from the consequences of your actions to be unconstitutional; see Seila Law LLC v. Consumer Federal Protection Bureau and Collins v. Yellen.

There is a long way to go before the NLRB has its windows shuttered and its doors nailed shut, but now that agency is on the defensive. There are other cases in which Amazon and Trader Joe's are making the same argument in progress. Given the history of rulings on the subject, the Roberts Court is likely to agree.

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Funny, I know a LOT of words, defenestration isn’t one of them, never heard or read anywhere until yesterday or day before.

Now it’s suddenly popping up in article after article after suit etc.

Reading its definition, let’s hope they are using it everyday for the next 4 years.

I love it. Using the Left’s leviathan against them.

Simple rule: If it’s not in the Constitution, shut the operation down.

Musk is growing on me

So, without that board? Are we going back to slave labor again? The next thing that will go is the Americans with Disabilities Act that Ragan championed when he signed that in law? These Republicans are attacking things that Republicans were in favor in the past like Nixon's things he put in place like EPA. These loony Republicans are destroying this country today that Republicans in the past fought hard to put in place.

(07-27-2024 10:49 AM)DavidSt Wrote:  So, without that board?

All they are doing is ensuring the board is authorized by the constitution to operate in the manner they are operating.

Just like JackBois' appointment. The SC is saying you are to FIRST determine if the entity has proper authorization under the constitution before accepting anything else they say.

If the NLRB is not authorized under the constitution, then they arent helping anyone. They are illegal, and people and businesses would have been HARMED by their actions.

Slave labor? David is such an old woman.

(07-27-2024 10:49 AM)DavidSt Wrote:  So, without that board? Are we going back to slave labor again? The next thing that will go is the Americans with Disabilities Act that Ragan championed when he signed that in law? These Republicans are attacking things that Republicans were in favor in the past like Nixon's things he put in place like EPA. These loony Republicans are destroying this country today that Republicans in the past fought hard to put in place.

Unless you get off your duff in front of the computer I don't think you have to worry about being someone's slave.

(07-27-2024 11:20 AM)BartlettTigerFan Wrote:  Slave labor? David is such an old woman.

Scared of losing his freebie.

More agencies need to be squashed completely, deleted from existence. Too much power. It was a great day when Chevron was declared unconstitutional.

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