Elon Musk’s SpaceX turned a smallbore squabble about an alleged unfair labor practice into a massive assault on the administrative state that could result in the entire enforcement structure of the National Labor Relations Board being declared unconstitutional. In an opinion released Thursday, US District Judge Alan Albright of the Western District of Texas, a Trump appointee, ruled that SpaceX “has demonstrated a substantial likelihood of success on its claims that Congress has impermissibly protected both the NLRB Members and the NLRB ALJs from the President’s Article II power of removal.”
The case started with SpaceX firing eight engineers for circulating a letter criticizing Musk for alleged “sexist conduct” and claiming the company discriminated against women. There is no word on the engineers’ hair color or pronouns. After their defenestration, they were required to sign…
