SpaceX’s NLRB Challenge Will Not Be Stayed by Fifth Circuit

Space Exploration Technologies Corp. may continue to pursue its interlocutory appeal in the Fifth Circuit of a ruling in a suit challenging the constitutionality of the National Labor Relations Board.

SpaceX is facing an administrative action in the NLRB for allegedly firing employees who criticized owner Elon Musk. It filed its appeal in the Fifth Circuit after it was denied a preliminary injunction in the underlying suit.

The NLRB asked the Fifth Circuit to stay any further briefing in the appeal, pending a dispositive ruling from the district court. The motion made the request to “avoid unnecessary expense and inconvenience ...