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A Federal Appellate Court Finds the NLRB to Be Unconstitutional
And just like that, it frees Elon Musk—and any fellow employers—to violate whatever rights their workers thought they enjoyed.
Under the law, presidents had the power to remove members before their terms expire only in the event of “neglect of duty or malfeasance in office,” which Trump didn’t even allege when he fired Wilcox. And in this era of judge shopping, mega-companies that may have one part-time employee or a single post office box in one of those states “may now flood the Fifth Circuit” to avoid any enforcement of decisions upholding workers’ rights, former NLRB general counsel Jennifer Abruzzo told me in the wake of the court’s ruling. Trump’s nominee for permanent general counsel, Crystal Carey—a former partner at Morgan Lewis, the firm representing SpaceX in this case—was asked by Bernie Sanders in her Senate confirmation hearing last month whether she believed the NLRB was constitutional.
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