Breaking: NLRB Drops Opposition To SpaceX's Constitutionality Arguments

On February 3, 2025, the National Labor Relations Board ("NLRB" or the "Board") filed a letter with the U.S. Court of Appeals for the Fifth Circuit on Space Exploration Technologies Corp. v. NLRB, Consolidated Case No. 24-50627, et al., indicating that it would not address constitutionality arguments raised in SpaceX's brief. As reported here, those arguments were as follows:

• The NLRB's structure is unconstitutional in that it limits the removal of NLRB Administrative Law Judges ("ALJs") and Board Members, and permits Board Members to exercise executive, legislative, and judicial power in the same administrative proceeding; and
• The Board's new expanded remedies violate employers' Seventh Amendment right to a trial-by-jury.