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Trader Joe’s Follows SpaceX in Arguing US Labor Board Is Unconstitutional
(www.bloomberg.com)
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Hmm. I couldn't read the full article because of a paywall, but from what I understand, the constitutionality of the NLRB was upheld by the Supreme Court in NLRB v. Jones & Laughlin Steel Corp. 301 U.S. 1 (1937). I'm not sure there is any foundation to contemporary claims that the NLRB is unconstitutional.
As with overturning Roe v. Wade, the legal foundation will be "our conservative cult says so".
"ThE NLRb isn'T in the cONSTITutIoN!!1!" - The Supreme Court, probably
They'll have to find some different basis for suing, just like the Dobbs case. The Supreme Court today is most certainly less friendly toward the idea of the NLRB than the Supreme Court of 1937.
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I have only seen one explanation that Space X has made. Since it denies them a trial by jury then it is unconstitutional. That seems to be the crux of their complaint.
Oh, it's "corporations are people" again. Bleh.
I suspect that’ll be the answer. Fine give them a jury. I don’t they’ll fair well