SpaceX Wins a First Battle in Its Assault on the NLRB
SpaceX Wins a First Battle in Its Assault on the NLRB
jacobin.com
SpaceX Wins a First Battle in Its Assault on the NLRB
11 comments
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Can’t the universe just rid us of these meddlesome Elon musks???
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The article is Greek to me. Can someone break down the basics of what’s going on?
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- Agencies employ ALJs, or "Administrative Law Judges", who specialize in regulations, and hear and oversee certain cases related to enforcement actions.
- Some agencies have "removal protection" rules for employees like ALJs, that prevent e.g. the President from axing those employees (to prevent agencies having to get a new raft of judges every 4-8 years).
- SCOTUS recently ruled those protections are unconstitutional, in SEC vs Jarkesy
- SpaceX is arguing that because the NLRB has similar removal protection rules for its ALJs and some other members, it cannot bring enforcement actions against SpaceX
- the district court agreed, and put an injunction on the NLRB from bringing a pending Unfair Labor Practice charge against SpaceX
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Excellent breakdown, thanks.
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11 comments
Lots of corp-friendly entities are making big moves in the courts lately, and it feels like previous efforts by Republicans to install conservative judges everywhere are showing. The time needed to undo this damage could take years.
Could take days if anyone in Congress had a spine and would impeach and convict obvious lying and corrupt judges. But without Congressional term limits and because of Citizen United, no one in Congress has any incentive to make the country better, and all the incentives to enrich themselves.
There are outliers, of course, but that number is probably in the single digits.
I think Congress failing to do anything about it has more to do with the House being controlled by the same party as the courts and wishing to help them, while the Senate similarly only counts as not controlled by the same party as the courts if you count Republicans who didn’t change any of thier positions but have recently started running as Democrats or Independents because the Republicans moved to far right for them.
This isn’t to say that term limits or an end to Citizens United arn’t good ideas, but it seems strange to suggest that Congress would be quick to impeach a court that’s been doing exactly what the majority of Congress wants without them.