What Will the Constitutional Challenge to the NLRB Do?
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Aug. 1, 2024 | NLRB | Last week, a federal district court in Texas preliminarily enjoined the National Labor Relations Board (NLRB) from initiating an administrative proceeding against SpaceX on the grounds that removal protections for the agency’s administrative law judges (ALJs) and five board members are unconstitutional. Put simply, the agency’s current structure is unconstitutional because it contains rules that make it too difficult for the president to fire the ALJs and board members. As with most constitutional law, the underlying legal question here turns upon impossibly vague text. Jacobin
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