Judge Alan D. Albright of the Western District of Texas sided with Elon Musk’s SpaceX on Tuesday, issuing a preliminary injunction preventing the National Labor Relations Board (NLRB) from pursuing an unfair labor practice charge against the company. The ruling finds that the structure of the NLRB is unconstitutional.
The decision followed the reasoning of the far-right Fifth Circuit’s ruling in SEC v. Jarkesy. The Supreme Court agreed with the Fifth Circuit in its decision this term, but it did not touch the argument directly relevant to this case, leaving the Fifth Circuit’s ruling in place for the time being. Judge Albright’s ruling, ruling against the constitutionality of the 89 year-old agency, may now give the Supreme Court occasion to weigh in.
In response to the decision, Revolving Door Project Executive Director Jeff Hauser issued the following statement: “Right-wing judges have made it all too easy for corporate actors to attack workers. Billionaires like Elon Musk don’t care whether administrative law judges’ removal protections are too robust or not. They just hate unions, and are using the courts as a weapon to crush them.”
Revolving Door Project Researcher Will Royce added: “Administrative agencies like the NLRB are critical for safeguarding workers’ rights, which is why they have long been in the crosshairs of right-wingers and corporations. So long as corporate-aligned judges sit on the bench, we can expect rulings that erode protections for everyday people.”
“This ruling is yet further evidence that the threat posed by corporate influence is not limited to the executive branch. Judicial decisions are increasingly being shaped by the interests of corporations, threatening the well-being of American workers,” concluded Hauser.
