• t3rmit3@beehaw.org
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    3 months ago
    • Agencies employ ALJs, or “Administrative Law Judges”, who specialize in regulations, and hear and oversee certain cases related to enforcement actions.
    • Some agencies have “removal protection” rules for employees like ALJs, that prevent e.g. the President from axing those employees (to prevent agencies having to get a new raft of judges every 4-8 years).
    • SCOTUS recently ruled those protections are unconstitutional, in SEC vs Jarkesy
    • SpaceX is arguing that because the NLRB has similar removal protection rules for its ALJs and some other members, it cannot bring enforcement actions against SpaceX
    • the district court agreed, and put an injunction on the NLRB from bringing a pending Unfair Labor Practice charge against SpaceX