SpaceX and Amazon take their lawsuits against the NLRB to a higher court
Both SpaceX and Amazon have now brought their lawsuits questioning the very constitutionality of the National Labor Relations Boards (NLRB) enforcement structure to the Fifth Circuit of the U.S. Court of Appeals.
The two companies—founded by the world’s two richest men—will each square off against the [NLRB] that protects workers’ unionizing rights during separate oral argument sessions at the US Court of Appeals for the Fifth Circuit on Nov. 18.
The Fifth Circuit has played a central role in the intensifying constitutional attacks on the NLRB. District courts in Texas, one of three states covered by the Fifth Circuit, have granted the only preliminary injunctions to block agency proceedings based on constitutional arguments.
A lower court judge has already ruled in favor of SpaceX’s lawsuit [pdf], stating that “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 [administrative law judges] from the President’s Article II power of removal.”
The arguments by both Amazon and SpaceX were greatly strengthened by the Supreme Court’s decision in June 2024, ruling that the SEC’s use of administrative law judges is unconstitutional. Much of that ruling’s logic applies directly to this NLRB case.
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
Both SpaceX and Amazon have now brought their lawsuits questioning the very constitutionality of the National Labor Relations Boards (NLRB) enforcement structure to the Fifth Circuit of the U.S. Court of Appeals.
The two companies—founded by the world’s two richest men—will each square off against the [NLRB] that protects workers’ unionizing rights during separate oral argument sessions at the US Court of Appeals for the Fifth Circuit on Nov. 18.
The Fifth Circuit has played a central role in the intensifying constitutional attacks on the NLRB. District courts in Texas, one of three states covered by the Fifth Circuit, have granted the only preliminary injunctions to block agency proceedings based on constitutional arguments.
A lower court judge has already ruled in favor of SpaceX’s lawsuit [pdf], stating that “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 [administrative law judges] from the President’s Article II power of removal.”
The arguments by both Amazon and SpaceX were greatly strengthened by the Supreme Court’s decision in June 2024, ruling that the SEC’s use of administrative law judges is unconstitutional. Much of that ruling’s logic applies directly to this NLRB case.
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
Interesting that both the NLRB Members (individually perhaps) and the NLRB administrative judges are subject to removal by the President. I think we just elected a new one of those.
So it seems that lower courts can deem actions/rules unconstitutional, just as the Supreme Court did for abortions. There is no constitutional basis for federal abortion laws, upsetting 50 years of precedence!!. That belongs to the states. So it takes time, money, and patience, lots of it, to push back against federal government overbearance.
Maybe we can hear what Judge Don Willett has to say – he is one of the judges on the 5th Circuit. I’ve always liked his quote “Facts are hostile witnesses”. Succinct, to the point. May Elon & Bezos have lots of facts in their case.