The federal court of appeals handed SpaceX a victory on Tuesday in a ruling that prevented the National Labor Relations Commission from prosecuting unfair labor practices against the company. The ruling by the Fifth District Court of Appeals, which suggests that the structure of the NLRB is likely to be unconstitutional, suggests that it may have widespread effect.
The ruling holds an unfair labor practice case while pursuing claims that the NLRB structure violates the US Constitution while holding up energy transfer and discovery. The court has declared it illegal, but this is far from a resolved issue, and the NLRB could undoubtedly challenge the ruling.
The suspension continues as the three judge panel said there could be a possible unconstitutional administrative procedure claimed by SpaceX. The NLRB has led to unfair labor practice claims against SpaceX after firing CEO Elon Musk and a group of employees who signed an open letter criticizing the culture of sexism.
The heart of the conflict is whether an internal NLRB judge known as administrative law judges enjoys illegal protections that protect them from removal by the president. In that case, it violates constitutional rules governing separation of power, the judge said.
The panel included two judges appointed by President Donald Trump and a third judge appointed by George HW Bush.
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