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 (e.g. 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
The article is Greek to me. Can someone break down the basics of what’s going on?
Excellent breakdown, thanks.