this post was submitted on 22 Aug 2025
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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.

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[–] mkwt@lemmy.world 16 points 8 months ago* (last edited 8 months 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.