The Fifth Circuit Court of Appeals sided with SpaceX earlier this week, ruling that the National Labor Relations Board’s current structure is unconstitutional. The decision will keep the agency hamstrung until the case makes its way to the Supreme Court.

cross-posted from: https://lemmy.dbzer0.com/post/51665085

The Fifth Circuit Court of Appeals sided with SpaceX earlier this week, ruling that the National Labor Relations Board’s current structure is unconstitutional. The decision will keep the agency hamstrung until the case makes its way to the Supreme Court.

  • grue@lemmy.world
    40·
    1 day ago

    Sounds like somebody needs to be reminded that without the NLRB setting fair rules, “illegal” tactics like wildcat strikes, sympathy strikes, union violence, etc. are back on the menu.

  • snooggums@lemmy.worldEnglish
    40·
    2 days ago

    Is the fifth circuit then one conservatives go shopping for to get the pants on head stupid rulings they want?

    If so, can we start calling it conservatives pleading the fifth because they don’t want to make their cases in front of real judges?

    • mkwt@lemmy.world
      25·
      1 day ago

      I’ve seen the fifth circuit described as “a collection of 4chan posts wearing robes,” so yes.

      Edit: But it’s pretty clear that this supreme court is angling pretty hard to overturn a 1930s precedent called Humphrey’s Executor. Humphrey’s is the case that legalizes executive agencies led by multi-member commissions that can’t be immediately fired by the President. That includes the merit protection board, FCC, NLRB, CPSC, CFPB, and the federal reserve, among others.

      This case is just a part of that bigger campaign, which will wildly reshape the federal bureaucracy for a long time to come.

  • dogerwaul@pawb.social
    311·
    2 days ago

    i don’t like how Jacobin takes the “well this probably won’t happen” or “it’ll likely go this way” approach to fascism. it really bothers me how neutrally optimistic they are trying to be as if their professional image is being scrutinized so they can’t engage deeper than that. tbh, it’s foolish to claim such things at this point. Trump and his administration have showed that they are not following any previously laid path, so your reassurance is ultimately hollow. we can’t make predictions based on what would or wouldn’t make sense lol that is sadly irrelevant.