Courthouse News reports:
In a pair of cases that may foreshadow the targeted deregulation of federal agencies under President-elect Donald Trump, a panel of judges at the Fifth Circuit Court of Appeals heard arguments Monday about the constitutionality of the National Labor Relations Board.
The separate but similar cases were filed by Amazon after the NLRB accused the company of refusing to collectively bargain with workers who voted to unionize in 2022 and by SpaceX after the NLRB determined it had retaliated against workers who spoke out against the leadership of CEO Elon Musk.
On Monday, Amazon attorney Trevor S. Cox argued the NLRB also “lacks the mandatory partisan balancing requirement” of other agencies like the Federal Trade Commission and the Consumer Product Safety Commission, creating “excessive insulation” from presidential oversight.
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Today, attorneys for SpaceX and Amazon are arguing before the Fifth Circuit Court of Appeals that the National Labor Relations Board is unconstitutional.
Both companies had been found in violation of workers’ rights by the NLRB.
— More Perfect Union (@MorePerfectUS) November 18, 2024
Amazon and SpaceX will try to convince a federal appeals court that elements of the NLRB violate the Constitution, potentially creating legal issues that would be difficult for the Supreme Court to ignore. https://t.co/9IA4KXai7U
— Bloomberg Law (@BLaw) November 17, 2024