Fifth Circuit Won’t Block SpaceX’s NLRB Case Move to California

The en banc US Court of Appeals for the Fifth Circuit won’t stop SpaceX’s lawsuit challenging the constitutionality of the National Labor Relations Board from being transferred to a federal court in California, after the court evenly split on whether to take up the case.

Sixteen of the circuit’s active judges split 8-8 on whether to rehear en banc a petition to block the transfer order, according to the ruling released Wednesday. Judge James Ho didn’t participate in that vote.

The Fifth Circuit has blocked some orders by lower courts transferring legal fights out of the circuit’s jurisdiction due to ...