Judge Rules for Musk’s SpaceX in Lawsuit Against National Labor Relations Board

The makeup of a federal labor board is likely unconstitutional, a federal judge ruled on July 24, siding with Elon Musk’s SpaceX.

Members of the National Labor Relations Board (NLRB), and administrative law judges (ALJs) employed by the board, are likely unconstitutionally protected from removal by the president, according to U.S. District Judge Alan Albright.

“Under binding precedent, this court is satisfied 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,” he said in a 15-page decision.

SpaceX, which builds and launches rockets and other spacefaring vehicles, filed the legal action in April in Waco, Texas. The company pointed to Article II of the U.S. Constitution, which gives the president all executive power. Under court precedent, the president must have unrestricted power to remove officers, including administrative law judges, who assist him in carrying out his duties.

Read Full Article Here