> The Fifth Circuit found that the ALJ’s safeguards are unconstitutional, and the members’ shields are likely unconstitutional... [Despite] the US Supreme Court’s decision in Humphrey’s Executor v. US, a 90-year-old precedent that has long supported the restrictions Congress imposed on the president’s power to dismiss independent agency officials.
And back to TFA:
> Under the still-novel theory of the unitary executive, which holds that the federal agencies that Congress established and presidents signed into law to be independent of presidential power, save only the power to appoint their leaders, are now in violation of the newly discovered right of presidents to completely control these agencies.
It's worth noting that the NLRB is already clinging on with life support. Trump has intentionally (illegally) fired and neglected to replace 3 members now, leaving only 2 acting chairs. This doesn't meet quorum requirements for decision-making, leaving the full appeals process legally impossible to complete and businesses essentially free to violate labor law without fear of consequence until the NLRB is restored.
With this ruling, we may be seeing the final blows dealt to the NLRB, and a signal that companies need not even fear later reprisal.
The NLRB acts as a judge, jury, and rule-making body, but is not supposed to be answerable to any but Congress.
I think no matter how you look at the constitution it's seems wild to think Congress can create such an entity that's not answerable to anything but Congress.
This is one of the most classically 2025 era political actions. It stems from a lawsuit originating from Elon Musk, where he fired people for criticizing him in their personal, off-work time (the legal question was if the government has the power to investigate complaints). Now the end-result is that the laws protecting workers are essentially nullified in the 5th circuit. But only the 5th circuit (Texas, Louisiana, Mississippi). This came from the famously partisan 5th circuit which is stacked with right wing activist judges - and the decision was made by 2/3 trump-appointed judges and 3/3 republican-appointed judges.
Without the legal protection of unions or even the ability to generally get strong labor protections, it’s likely that society will be forced to renegotiate how labor protections and bargaining will work, or provide new laws to govern it. The idea that unions and collective bargaining will just be over is a fantasy of the mega corp CEOs. Either we’ll see a future SCOTUS revive the laws and board, or it’s yet another institution that needs to be rebuilt post trump/project-2025.
That is a strange piece of legal reasoning. It's derived from the theory of the unitary executive, or, as Trump says, "I can do whatever I want." Under this theory, which is relatively new, Congress cannot constrain the president much.
Until recently, it was considered settled that the president can't fire most federal employees. Cabinet members serve "at the pleasure of the President", but further down, civil service employees were not fireable by political officials.
That's changed.
Until recently, it was assumed that a president who tried this stuff would be impeached. That prevented presidents from getting out of control. But Congress is too weak now to do its duty of constraining the president.
This ruling is only gonna prevent workers from being heard through the courts and legal system, at a time when workers are being more frequently fired and replaced by AI. Wildcat strikes will be more likely and other illegal activities will seem more justified. Terrible decision that will have consequences sooner or later
12 comments
[ 3.2 ms ] story [ 44.0 ms ] thread> The Fifth Circuit found that the ALJ’s safeguards are unconstitutional, and the members’ shields are likely unconstitutional... [Despite] the US Supreme Court’s decision in Humphrey’s Executor v. US, a 90-year-old precedent that has long supported the restrictions Congress imposed on the president’s power to dismiss independent agency officials.
And back to TFA:
> Under the still-novel theory of the unitary executive, which holds that the federal agencies that Congress established and presidents signed into law to be independent of presidential power, save only the power to appoint their leaders, are now in violation of the newly discovered right of presidents to completely control these agencies.
It's worth noting that the NLRB is already clinging on with life support. Trump has intentionally (illegally) fired and neglected to replace 3 members now, leaving only 2 acting chairs. This doesn't meet quorum requirements for decision-making, leaving the full appeals process legally impossible to complete and businesses essentially free to violate labor law without fear of consequence until the NLRB is restored.
With this ruling, we may be seeing the final blows dealt to the NLRB, and a signal that companies need not even fear later reprisal.
[1] https://news.bloomberglaw.com/daily-labor-report/spacex-keep...
I think no matter how you look at the constitution it's seems wild to think Congress can create such an entity that's not answerable to anything but Congress.
Without the legal protection of unions or even the ability to generally get strong labor protections, it’s likely that society will be forced to renegotiate how labor protections and bargaining will work, or provide new laws to govern it. The idea that unions and collective bargaining will just be over is a fantasy of the mega corp CEOs. Either we’ll see a future SCOTUS revive the laws and board, or it’s yet another institution that needs to be rebuilt post trump/project-2025.
That is a strange piece of legal reasoning. It's derived from the theory of the unitary executive, or, as Trump says, "I can do whatever I want." Under this theory, which is relatively new, Congress cannot constrain the president much. Until recently, it was considered settled that the president can't fire most federal employees. Cabinet members serve "at the pleasure of the President", but further down, civil service employees were not fireable by political officials.
That's changed.
Until recently, it was assumed that a president who tried this stuff would be impeached. That prevented presidents from getting out of control. But Congress is too weak now to do its duty of constraining the president.
[1] https://www.ca5.uscourts.gov/opinions/pub/24/24-50627-CV0.pd...
This mistake with Trump and others like him cannot be allowed to happen again.
This ruling is only gonna prevent workers from being heard through the courts and legal system, at a time when workers are being more frequently fired and replaced by AI. Wildcat strikes will be more likely and other illegal activities will seem more justified. Terrible decision that will have consequences sooner or later