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SpaceX Wins a First Battle in Its Assault on the NLRB [1]

['Matt Bruenig', 'Shawn Fain', 'Brent Cebul', 'Lily Geismer', 'Isabella Weber', 'Jared Abbott', 'Alex N. Press', 'Katya Schwenk', 'Helen Santoro', 'Henry Snow']

Date: 2025-01

Space Exploration Technologies Corp. (SpaceX) sought a preliminary injunction in a Texas federal district court against the National Labor Relations Board (NLRB) and its officers, including the NLRB’s administrative law judges (ALJs). The core issue was the constitutionality of the removal protections for NLRB members and ALJs.

SpaceX argued that these protections violate the president’s Article II power of removal and the district court, applying the Fifth Circuit’s decision in Jarkesy v. Security and Exchange Commission (SEC), decided that SpaceX was likely to win this argument and preliminarily enjoined the NLRB from initiating an administrative proceeding against SpaceX.

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[1] Url: https://jacobin.com/2024/07/spacex-nlrb-unconstitutional-ulp-aljs

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