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.