Trump’s NLRB Firing Impact Debated in Fifth Circuit SpaceX Case

Feb. 6, 2025, 12:23 AM UTC

A National Labor Relations Board lawyer argued that President Donald Trump’s recent removal of a Democratic board member means that SpaceX and two other companies shouldn’t get court orders blocking unfair labor practice cases.

Federal district courts granted injunctions based on the companies’ constitutional challenges to removal restrictions of NLRB members and in-house judges. But Trump’s termination of Gwynne Wilcox took away the quorum necessary for the board to issue decisions, the agency attorney said during oral argument Wednesday at the US Court of Appeals for the Fifth Circuit.

“There’s no longer any need to proceed with these cases on ...

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