Two lawsuits filed against NASA at its Marshall Space Flight Center
Two lawsuits against NASA’s Marshall Space Flight Center were announced yesterday, one by several employees citing discrimination and the second by the government union representing Marshall employees protesting the Trump executive order that strips it of its collective bargaining rights.
The timing of both announcements strongly suggests the lawsuits are a coordinated effort. The discrimination suit protests the demand of the Trump administration that government employees come back to the office to work. The suit says the agency has not made reasonable accommodation for the suing employees to work at home. It also appears that the lead employee in the suit has made it a habit of doing so, having already won $30K in a settlement of a 2024 lawsuit.
The second suit is of course more significant, as it challenges the president’s power.
The complaint, filed in the U.S. District Court for the District of Columbia, seeks to invalidate Executive Order 14343, issued by President Trump on Aug. 28. The order excludes NASA and five other agencies from coverage under the Federal Service Labor-Management Relations Statute (FSLMRS), effectively terminating their union representation rights on the grounds of “national security”.
According to the complaint, the Trump Administration justified the exclusion by claiming these agencies have a primary function of national security work and that collective bargaining is inconsistent with those requirements. A White House Fact Sheet accompanying the order stated that collective bargaining “can delay the implementation of time-sensitive national security measures”.
IFPTE vehemently disputes this characterization. The union argues that NASA’s primary mission is “not national security,” but rather scientific exploration for the “benefit of all humanity”. The complaint cites the National Aeronautics and Space Act, which states that “activities in space should be devoted to peaceful purposes for the benefit of all humankind”.
The existence of all these government unions comes originally from an executive order by President John Kennedy. It seems Trump should have the right to cancel that order. The lawsuit also argues no, that Trump is acting beyond his legal authority.
Isn’t it interesting how presidents who are Democrats always have the power to issue executive orders n matter how outrageous (such as was done frequently by Obama and Biden), but Republican presidents like Trump do not.
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.
The print edition can be purchased at Amazon or from any other book seller. If you want an autographed copy the price is $60 for the hardback and $45 for the paperback, plus $8 shipping for each. Go here for purchasing details. The ebook is available everywhere for $5.99 (before discount) at amazon, or direct from my ebook publisher, ebookit. If you buy it from ebookit you don't support the big tech companies and the author gets a bigger cut much sooner.
The audiobook is also available at all these vendors, and is also free with a 30-day trial membership to Audible.
"Not simply about one mission, [Genesis] is also the history of America's quest for the moon... Zimmerman has done a masterful job of tying disparate events together into a solid account of one of America's greatest human triumphs."--San Antonio Express-News
Two lawsuits against NASA’s Marshall Space Flight Center were announced yesterday, one by several employees citing discrimination and the second by the government union representing Marshall employees protesting the Trump executive order that strips it of its collective bargaining rights.
The timing of both announcements strongly suggests the lawsuits are a coordinated effort. The discrimination suit protests the demand of the Trump administration that government employees come back to the office to work. The suit says the agency has not made reasonable accommodation for the suing employees to work at home. It also appears that the lead employee in the suit has made it a habit of doing so, having already won $30K in a settlement of a 2024 lawsuit.
The second suit is of course more significant, as it challenges the president’s power.
The complaint, filed in the U.S. District Court for the District of Columbia, seeks to invalidate Executive Order 14343, issued by President Trump on Aug. 28. The order excludes NASA and five other agencies from coverage under the Federal Service Labor-Management Relations Statute (FSLMRS), effectively terminating their union representation rights on the grounds of “national security”.
According to the complaint, the Trump Administration justified the exclusion by claiming these agencies have a primary function of national security work and that collective bargaining is inconsistent with those requirements. A White House Fact Sheet accompanying the order stated that collective bargaining “can delay the implementation of time-sensitive national security measures”.
IFPTE vehemently disputes this characterization. The union argues that NASA’s primary mission is “not national security,” but rather scientific exploration for the “benefit of all humanity”. The complaint cites the National Aeronautics and Space Act, which states that “activities in space should be devoted to peaceful purposes for the benefit of all humankind”.
The existence of all these government unions comes originally from an executive order by President John Kennedy. It seems Trump should have the right to cancel that order. The lawsuit also argues no, that Trump is acting beyond his legal authority.
Isn’t it interesting how presidents who are Democrats always have the power to issue executive orders n matter how outrageous (such as was done frequently by Obama and Biden), but Republican presidents like Trump do not.
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.
The print edition can be purchased at Amazon or from any other book seller. If you want an autographed copy the price is $60 for the hardback and $45 for the paperback, plus $8 shipping for each. Go here for purchasing details. The ebook is available everywhere for $5.99 (before discount) at amazon, or direct from my ebook publisher, ebookit. If you buy it from ebookit you don't support the big tech companies and the author gets a bigger cut much sooner.
The audiobook is also available at all these vendors, and is also free with a 30-day trial membership to Audible.
"Not simply about one mission, [Genesis] is also the history of America's quest for the moon... Zimmerman has done a masterful job of tying disparate events together into a solid account of one of America's greatest human triumphs."--San Antonio Express-News
It’s not quite as simple as democrats can issue whatever executive orders they want, and republicans can’t, though that’s basically the result. What’s really happening is that an executive order creating some new benefit or program, well, anyone who wants to challenge it lacks standing, and the people that do have standing, are perfectly happy with it. The Democrats are very careful to wargame that out and make sure do to things that for example congress could challenge, when they control congress, or at least the relevant committee or leadership.
On the other hand, actually shutting down a program that already exists, is running, and has employees, businesses, beneficiaries, etc, well obviously all of those have standing to sue.
And of course there does seem to be a trend that standing is taken very seriously when rejecting Republic suits very early in the process, and is a matter for appeal years later when it’s Democrats filing the suit.
The one that I need to look up and refresh myself on is the Keystone Pipeline. I know the Canadian company filed suit when Biden cancelled it on day one, and all the usual arguments about lack of process, arbitrary and capricious, etc that are being thrown at Trump, would have applied there. But I never heard anything after it was filed.
Cowing–often an enemy of Marshall (he sees it as a Red State center–which it is)–had a story that Trump and followers see NASA as a “Democrat” Institution:
https://nasawatch.com/trumpspace/is-nasa-a-democrat-agency-sean-duffy/
I don’t usually put much stock in ANYTHING Cowing has to say–but this has the ring of truth to it.
Goddard-the-Green most certainly is the DNC favorite.
Same with Handmer’s JPL (which is a de facto NASA Center.) They have always had it in for Marshall.
If it wasn’t something they could shoehorn into a Delta II sounding rocket (like those endless little bomb-disposal robots all over Mars)–they wanted it killed.
MSFC is about propulsion and BEO exploration—which Greens just don’t have a whole lot of use for.
Remember, Alabama Democrats have historically been to the Right of Rockefeller Republicans (yuck).
That might actually be changing.
With Marshall under the gun, I have seen more and more of the A.J. Foyt of Alabama politics, Doug Jones (“His Accidency” 2.0).
This all smells of one of his stunts.
Senator Tuberville was a football coach–and not a particularly bright one as Saban revealed.
A former advocate of his, sportswriter Paul Finebaum, looks to replace him (he likely will be another Rockefeller if elected).
Cowing used to hate on SLS worse than Mr. Zimmerman because (GASP!) we had Von Braun.
But I think even he understands how corrosive in-fighting among space-advocates has become:
“FWIW the more you (we) space people argue with each other about stupid things, the less likely we’ll get to explore this universe.”
And now, he is wisely stepping back:
https://nasawatch.com/trumpspace/nasawatch-is-on-pause/
Good riddance.
If Trump manages to move Duffy aside, so Jared and others can try to axe SLS/Artemis or whatever—I can easily see Paul and/or Doug Jones as a shoe in.
The most conservative Alabamian I know (social conservative) is Mormon Mo Brooks, and he and the Donald had a falling out. The voters threw him out in favor of Britt.
The ironic thing in all this is—if Trump axes Marshall thinking it is a Democratic institution—that actually wind up making Alabama more purple out of resentment.
Doug Jones, right now, looks to make these lay-offs his issue. He always avoided cultural issues and questions. A dumber politico would have not only have called Roy Moore a Bible-Thumper, but surrounded himself with blue-haired Wiccans or something out of Portland. He never did that. He claimed to support the Second Amendment—but voted lock-step with the DNC pretty much.
When the mills and factories closed, a lot of folks went towards aerospace north and medicine here in Birmingham.
Jones easily bested Roy Moore–and I can sense a repeat. Saban–shockingly to me–is something of a Democrat.
Politics in this state has always been…odd.
But never–NEVER underestimate us
https://archive.org/details/the-natural-superiority-of-southern-politicians-book/mode/2up
“The union argues that NASA’s primary mission is “not national security,” “… that may not be the flex that they think it is. In my opinion, by stating this they have cut there future bargaining chips in half.
I differ with them there certainly.
One of the things America needs is a good Space Based Radar
Now, Stahl and others had ideas for a 492 foot dish for radio astronomy. I am thinking one of those turned Earthwards (the reverse of Hubble) could really help American Space dominance.
SLS had an 1,800+ apogee on its first launch. With a hoss of a second stage coming– I could easily see other assets lofted.
Where Hegs loves PT, I would focus on getting space advocates leading EACH of the branches of the services to make double sure space advocates NEVER get put in the broom closet again.
I wish Musk would get his ball and go home. Let him launch whatever to Mars. I care not.
To rewrite a quote–China is my adversary–but the Air Force is my ENEMY.
Aussie Dave noted: “. . . that may not be the flex that they think it is.”
I have seen the word used this way for about a decade, and have used it in the this manner. The term has been slightly removed from it’s in-your-face beginnings, and now seems socially acceptable. I like word in this guise, and Aussie Dave probably didn’t think his sentence would be so deconstructed. Nothing personal; just the word, but not ‘bird’.
I don’t think NASA’s primary mission is ‘national security’, either.
Well, it depends on how abstractly you define National Security…
Blair Ivey wrote: “I don’t think NASA’s primary mission is ‘national security’, either.”
When I was in college, the leftists thought NASA’s only mission was military. When I said something like I wanted to work for NASA or I wanted to build rockets when I grew up, the response was often, “Why do you want to kill people?” How quickly they forgot that NASA didn’t put warheads on people’s heads but put people on the Moon, or maybe they thought that since most of them had come from the military that NASA was also military, and that NASA’s rockets must therefore also be intended for military purposes. Including and especially the Space Shuttle. They were not much sympathetic after Challenger, at least not at my school.
It just goes to show that leftists were bereft of reality decades ago, too, not just recently.
News
https://www.al.com/news/2025/10/alabama-republican-says-shutdown-is-about-democrats-earning-political-points-with-far-left-base.html
Regan fired the air traffic controllers
They were a needed group.
Trump should be able to fire anyone who is not needed. Like all of NASA.
We should remove all government unions.
Jeff Wright,
“MSFC is about propulsion and BEO exploration.”
Marshall is about pork and keeping the parking lots full. It hasn’t done any original propulsion work in this century. It hasn’t done any consequential propulsion work in nearly a half century. During all of that time it has been surpassed, in the propulsion field, by a lot of other folks, starting with SpaceX and continuing with what is now a list so long it’s difficult to keep up but which certainly includes Stoke and even Blue and Relativity. It’s a heckuva note when multiple only-a-few-years-old start-ups have designed more new engines than Marshall has in ten times as long.
The situation is nearly as bleak in terms of BEO and even LEO. Marshall begat Shuttle, which was tweaked only minutely over three decades of problematical service and the loss of two orbiters and crews, then was retired without any Marshall-designed successor unless one wants to count the farcical Ares 1 “Corndog.”
Marshall’s only BEO – barely – effort in this century was the failed Constellation, out of the wreckage of which SLS emerged and Orion barely survived but Altair did not. That rendered the entire project incapable of managing even flags and footprints on the Moon again, never mind doing anything manned anent Mars. This, of course, did not stop Marshall from soldiering on, parking lots full, pork in plenty, working lethargically on a fractional program that was never going to go anywhere without vast outside assistance.
All politics is local. Republicans and Democrats are close to indistinguishable when it comes to defending federal spending in their districts.
Marshall, though, is hardly the hinge upon which Alabama politics crucially swings. If, as it has long richly deserved, Marshall is heavily downsized or even closed, well, Trump is moving Space Command HQ to Huntsville and Space Force money spends just as well as NASA money while being less subject to sudden abbreviations or cancellations. Especially for all of the aerospace crumb-chaser outfits HQ’d in Huntsville and environs, the Space Force-derived crumbs are likely to prove larger and tastier than those from Marshall anyway. Life will go on in Alabama aerospace.
If Trump decides to “move Duffy aside” he won’t have to “manage” it, he will just do it and that will be that. Duffy serves in both of his jobs at the pleasure of the President.
Duffy, in any case, has pretty much sealed SLS-Orion’s doom by kicking off a pissing contest with Elon who now has promised to build an entire alternate architecture for manned lunar presence and logistics, not just the lander. I don’t see how a notional Isaacman Administratorship could do any greater intentional damage to the SLS-Orion cause than Duffy has just done seemingly unintentionally.
The US has, indeed, long needed space-based radar, but not some single giant antenna. We need lots of little ones in LEO capturing SAR imagery and doing real-time tracking of opposition aircraft and spacecraft. Just as the giant, but never sufficiently numerous, optical imagery birds are being replaced by constellations capable of continuous no-sparrow-shall-fall observations in real time, space-based radar needs to go the same way.
“With a hoss of a second stage coming– I could easily see other assets lofted.”
Then you’re the only one. The Air Force – and, now, the Space Force – have repeatedly indicated no interest whatsoever in using SLS for anything.
And I wouldn’t count my “hosses” before they’re foaled if I were you. It is by no means certain that EUS will ever fly – not that it’s really much of a “hoss” in any case.
Aussie Dave,
You are right, of course. Utterances made in a state of abject panic and terror are seldom well-considered. A sizable fraction of the erstwhile US government payroll will be gone for good by the time this “government shutdown” is over. The public employee unions are experiencing something they have never known since their inception 65 years ago – fear.
pzatchok,
Anent Reagan and the air traffic controllers union, even then the government employee unions were running amok. Reagan called their bluff rather decisively. As the French like to put it, it was necessary to shoot a few in order to encourage the others.
You are, of course, entirely correct that government employee unions are institutional cancers that need to be excised.