ANALYSIS: If Loper Bright Doesn’t Kill the NLRB, Elon Musk Might

The National Labor Relations Board is better equipped than many entities to survive the effect of losing Chevron deference, should the U.S. Supreme Court decide to limit or overturn the doctrine that favors federal agencies’ interpretations of ambiguously worded statutes. However, a lawsuit currently making its way through the federal court system, coupled with a seemingly unrelated pending Supreme Court case, could not only restrict the NLRB from carrying out its purpose but threaten the agency’s very existence.

How Loper Bright Could Hinder the Board

During the current term, two cases have been argued in front of the Supreme Court ...