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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.

Genesis cover

On Christmas Eve 1968 three Americans became the first humans to visit another world. What they did to celebrate was unexpected and profound, and will be remembered throughout all human history. Genesis: the Story of Apollo 8, Robert Zimmerman's classic history of humanity's first journey to another world, tells that story, and it is now available as both an ebook and an audiobook, both with a foreword by Valerie Anders and a new introduction by Robert Zimmerman.


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  • Steve

    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.

  • F

    Like so many other government bodies, the NLRB should be defunded.

  • DJ

    Perhaps this is off subject but interesting non the less. Washington Post is bleeding money.

  • Alton

    Also last year PBS, NPR and The New York Times each laid off 300+ Employees.

    A Nice Trend ☺️ indeed.

  • BLSinSC

    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!!

  • Edward

    I love how the lawsuit calls the NLRB tyrants:

    28. The NLRB’s current way of functioning is miles away from the traditional understanding of the separation of powers, which views “[t]he accumulation of all powers legislative, executive and judiciary in the same hands” as “the very definition of tyranny.” THE FEDERALIST NO. 47 (James Madison).

    30. If the current Members of the NLRB are asked to make a prosecutorial determination about whether SpaceX is in violation of the NLRA, there is an objectively high risk that they would not later be able to provide the neutral adjudicative forum that the Constitution demands, and so would need to recuse from further participation in any agency adjudication against SpaceX.

    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!

    118. The Supreme Court has held, however, that “an unconstitutional potential for bias exists when the same person serves as both accuser and adjudicator in a case.” Williams, 579 U.S. at 8.

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