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.
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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.
The support of my readers through the years has given 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. Four years ago, just before the 2020 election I wrote that Joe Biden's mental health was suspect. Only in this year has the propaganda mainstream media decided to recognize that basic fact.
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. Even today NASA and Congress refuse to 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.
Please consider supporting my work here at Behind the Black.
You can support me either by giving a one-time contribution or a regular subscription. There are five 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:
5. 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. And if you buy the books through the ebookit links, I get a larger cut and I get it sooner.
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