Audio By Carbonatix
A U.S. appeals court on Tuesday agreed with Elon Musk's SpaceX and two other companies that the U.S. National Labour Relations Board's structure is likely unlawful and blocked the agency from pursuing cases against them.
The ruling by the New Orleans-based 5th U.S. Circuit Court of Appeals is the first by an appeals court to find that a law shielding NLRB administrative judges and the board's five members from being removed at will by the president is likely illegal.
The 5th Circuit on Tuesday said the protections from removal prevent the president from exercising his power to control the executive branch.
"Because the executive power remains solely vested in the President, those who exercise it on his behalf must remain subject to his oversight," wrote Circuit Judge Don Willett, an appointee of Republican President Donald Trump.
A series of similar cases challenging the board's structure are pending, and the Trump administration is making the same arguments after the president fired a Democratic member of the board in January and she sued to get her job back.
The 5th Circuit upheld decisions by three judges in Texas that blocked NLRB cases alleging illegal labour practices by SpaceX, pipeline operator Energy Transfer, and Aunt Bertha, which operates a social services search engine, pending the outcome of their lawsuits.
"The Employers have made their case and should not have to choose between compliance and constitutionality," wrote Willett.
The board and the companies did not immediately respond to requests for comment.
Musk was a top adviser to Trump, spearheading an effort to drastically shrink the federal workforce and slash government spending, until the two men had a public falling out in May. SpaceX has a separate pending lawsuit against the NLRB seeking to block a different board case.
The NLRB is the only federal agency that hears private-sector labour disputes. The agency's general counsel can issue complaints against employers or unions that are heard by administrative judges, whose decisions can be appealed to the board.
The five-member board has been paralysed and unable to issue decisions since Trump in January, fired Member Gwynne Wilcox.
The NLRB was designed by the U.S. Congress to be independent from the White House, and before Wilcox, no board member had ever been removed by the president.
Tuesday's panel included a second Trump appointee and a judge appointed by Republican President George H.W. Bush.
Latest Stories
-
Togbe Afede XIV lauds government’s $10bn ‘big push’ programme for boosting farm produce transport
16 minutes -
FDA urges consumers to prioritise safety when purchasing products during festive season
19 minutes -
President Mahama calls for single-digit interest rates on agricultural loans
33 minutes -
President Mahama urges Ghanaians in formal jobs to take up farming
43 minutes -
Farming interventions paying off, lifting incomes and food security, says Agric minister
58 minutes -
Gov’t pledges science-backed interventions in agriculture, says Agric minister
1 hour -
Ghana unveils $3.4bn plan to accelerate national clean energy transition
1 hour -
Interior minister urges security agencies to maximise use of new NSB regional command in Ho
1 hour -
Photos: Ghana celebrates 41st National Farmers’ Day
1 hour -
2025 Farmer’s Day: Farmers demand a 2% interest rate on loans to boost farming activities
1 hour -
Chamber of Aquaculture Ghana calls for strong public-private partnerships to unlock finance and transform the sector
2 hours -
Lions celebrate International Volunteer Day with over decades of service and impact
2 hours -
3 dead, dozens injured in Mampong Abuontem head-on collision
2 hours -
MoFFA shuts down several Eastern Region mortuaries over poor sanitation, non-compliance
2 hours -
Domestic violence case: John Odartey Lamptey remanded over alleged brutal assault on wife
3 hours
