SpaceX sues to have NLRB complaint dismissed
SpaceX yesterday filed a lawsuit in the federal courts to have the employee complaint filed by the National Labor Relations Board (NLRB) dismissed as a violation of the company’s fifth and seventh amendment rights as well as article II of the Constitution.
You can read SpaceX’s lawsuit here [pdf]. It specifically lists as defendants the board members of the NLRB, as well as the unnamed administrative judge who will run the NLRB’s case, once it begins.
The SpaceX lawsuit is interesting in that it challenges the very legal structure that has established the NLRB, stating that its actions are illegal because that structure forbids the President from having full control over its actions, as required by article II of the Constitution.
Whether this lawsuit succeeds is of course unknown, but its quick filing tells us that SpaceX was prepared for this NLRB action, even before it was filed. It also tells us that the company now recognizes the overall threat to it by the Biden administration, which appears to be trying to weaponize every agency in the federal government to destroy the company, and is prepared to fight long and hard against this abuse of power.
Readers!
Please consider supporting my work here at Behind the Black. Your support allows me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Only now does it appear that Washington might finally recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
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SpaceX yesterday filed a lawsuit in the federal courts to have the employee complaint filed by the National Labor Relations Board (NLRB) dismissed as a violation of the company’s fifth and seventh amendment rights as well as article II of the Constitution.
You can read SpaceX’s lawsuit here [pdf]. It specifically lists as defendants the board members of the NLRB, as well as the unnamed administrative judge who will run the NLRB’s case, once it begins.
The SpaceX lawsuit is interesting in that it challenges the very legal structure that has established the NLRB, stating that its actions are illegal because that structure forbids the President from having full control over its actions, as required by article II of the Constitution.
Whether this lawsuit succeeds is of course unknown, but its quick filing tells us that SpaceX was prepared for this NLRB action, even before it was filed. It also tells us that the company now recognizes the overall threat to it by the Biden administration, which appears to be trying to weaponize every agency in the federal government to destroy the company, and is prepared to fight long and hard against this abuse of power.
Readers!
Please consider supporting my work here at Behind the Black. Your support allows me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Only now does it appear that Washington might finally recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
Thank goodness he (Musk) has both the courage and the wherewithal to fight the Administrative State. Hopefully the Supreme Court will come down with a decision this term that will give Musk a huge boost.
Like so many other government bodies, the NLRB should be defunded.
Perhaps this is off subject but interesting non the less. Washington Post is bleeding money.
https://redstate.com/bonchie/2024/01/05/the-washington-post-is-in-big-trouble-n2168357
Also last year PBS, NPR and The New York Times each laid off 300+ Employees.
A Nice Trend ☺️ indeed.
OUR Constitution is rather SPECIFIC regarding the Administrative role of Our Government – the PRESIDENT is in charge! How ANY agency can claim exemption from Presidential oversight is mind boggling! But of course, the turnip in the White House will agree to any plan to diminish or destroy Mr. Musk! I do hope when PRESIDENT TRUMP regains his RIGHTFUL office he has the Supreme Court use THIS decision to preemptively give him RULL REIN over the “administrative” state!!
We should all thank Mr. Musk for his many efforts to improve Our Nation – GREAT JOB from a LEGAL IMMIGRANT!!
I love how the lawsuit calls the NLRB tyrants:
…
Accuser, investigator, prosecutor, judge, jury, and executioner all rolled into one. That is not American. It isn’t even British. It is French. J’accuse!