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Trump judge. Heavy Project 2025 vibes. archive

A federal judge in Texas on Tuesday cast new doubt on the National Labor Relations Board’s ability to oversee labor disputes, agreeing with Elon Musk’s SpaceX that the agency’s board members and administrative law judges are likely serving unconstitutionally.

SpaceX faces a range of labor complaints, including at least two complaints to the NLRB, amid a broader conservative push to limit the power of federal regulatory agencies. Along with SpaceX, other major companies including Amazon and Starbucks have filed legal challenges to the NLRB’s authority.

SpaceX noted that NLRB board members and administrative law judges — like many federal civil servants — are nonpolitical appointees and therefore can’t be fired at-will by the president. The company claims the board members therefore are “unconstitutionally insulated from the president’s oversight," making the board's action an unlawful attempt to "subject SpaceX to an administrative proceeding."

In an order on Tuesday, U.S. District Judge Alan Albright agreed. Finding SpaceX was likely to succeed on its claims that NLRB officials were serving unconstitutionally, he issued an injunction blocking the NLRB hearing.

Albright, a Donald Trump appointee, acknowledged in his order that "there is a strong public interest in providing employees a mechanism to vindicate their NLRA rights." Nonetheless, he found that "Congress exceeds its power when it attempts to neuter the president’s constitutional power to remove and control executive officers."

A paywalled article: https://news.bloomberglaw.com/daily-labor-report/spacexs-constitutional-challenge-to-nlrb-gets-judicial-support