TBA Law Blog


Posted by: Azya Thornton on Nov 18, 2024

The National Labor Relations Board’s (NLRB) enforcement power is being challenged in lawsuits by a range of companies. Suits from SpaceX and Amazon.com were before the U.S. 5th Circuit Court of Appeals this week. The suits allege that NLRB members appointed by the president are improperly shielded from being removed at will by the White House, and that the agency's administrative process violates constitutional guarantees of separation of powers and the right to a jury trial. SpaceX also argues that the president should be able to fire administrative judges who hear board cases at will. According to Reuters, rulings in these cases could potentially set up review by the U.S. Supreme Court.