Read the Beforeitsnews.com story here. Advertise at Before It's News here.
Profile image
By Reason Magazine (Reporter)
Contributor profile | More stories
Story Views
Now:
Last hour:
Last 24 hours:
Total:

Will Elon Musk's Twitter Sex Jokes End the Administrative State?

% of readers think this story is Fact. Add your two cents.


Elon Musk laughing against a dark background | Avalon/Newscom

Could Elon Musk’s Twitter jokes about sexual harassment kickstart a chain of events that ends with large swaths of the administrative state being struck down by the courts? We’re further along this timeline than you might think.

Earlier this month, SpaceX—where Musk is co-founder and CEO—filed a lawsuit in federal court against the National Labor Relations Board (NLRB) and its members arguing that the independent agency’s insulation from presidential authority and its system for deciding labor disputes is unconstitutional.

The company’s lawsuit came one day after the NLRB filed its own complaint against SpaceX for firing several employees who’d circulated an open letter demanding the company condemn Musk’s “harmful Twitter behavior.”

The harmful behavior mainly involved Musk joking about SpaceX’s settlement of a sexual harassment claim against him brought by a former company employee, per reporting from The New York Times.

SpaceX claimed the employees’ anti-Musk activism was disruptive and merited termination.

After being fired, the employees filed NLRB complaints, arguing SpaceX violated their rights under federal labor regulations. That eventually led to the board filing a complaint against SpaceX this January.

Like many independent federal agencies, the NLRB complaint against SpaceX will be heard by an administrative law judge who works for the agency. If SpaceX doesn’t like the judge’s decision, it has to appeal to NLRB members themselves.

Neither NLRB members nor its administrative law judges can be removed by the president at will. They can only be fired for cause. The agency also uses its adjudication process to set substantive policies that bind private parties.

“In effect, the NLRB is acting as the lawmaker, the prosecutor, the jury, the judge, and the appellate court before a company has a chance to get to a real court,” says Oliver Dunford, an attorney at the Pacific Legal Foundation (PLF).

SpaceX’s lawsuit argues that this whole setup is unconstitutional. The inability of the president to fire NLRB members and judges violates his constitutional powers to hire and fire “officers of the United States.” Its adjudication process violates the Seventh Amendment’s guarantee of jury trials. The fact that the NLRB prosecutes violations of policies it sets in front of its administrative law judges and hears appeals of those judges’ decisions all violates due process guarantees.

SpaceX’s arguments against the NLRB have implications for many other federal agencies that are structured the same way.

“To say this structure itself violates the Constitution would be saying a large swath of the federal government is unconstitutional,” one attorney told Bloomberg Law.

The U.S. Supreme Court is currently considering a case that challenges the Security and Exchange Commission’s structure and adjudication process on similar grounds. PLF is suing the Consumer Product Safety Commission and the Environmental Protection Agency over related issues.

Claims that SpaceX’s arguments would end the administrative state are overblown, says Dunford. Most federal administrative law judges are within the Social Security Administration dealing with questions about government benefits, he says.

That’s much different than independent agencies that regulate private rights. It’s when government bodies are telling private parties what to do, and punishing them for non-compliance, that due process and jury trial rights are relevant, argues Dunford.

The post Will Elon Musk’s Twitter Sex Jokes End the Administrative State? appeared first on Reason.com.


Source: https://reason.com/2024/01/17/will-elon-musks-twitter-sex-jokes-end-the-administrative-state/


Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Please Help Support BeforeitsNews by trying our Natural Health Products below!


Order by Phone at 888-809-8385 or online at https://mitocopper.com M - F 9am to 5pm EST

Order by Phone at 866-388-7003 or online at https://www.herbanomic.com M - F 9am to 5pm EST

Order by Phone at 866-388-7003 or online at https://www.herbanomics.com M - F 9am to 5pm EST


Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!

HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation.

Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.

MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)

Oxy Powder - Natural Colon Cleanser!  Cleans out toxic buildup with oxygen!

Nascent Iodine - Promotes detoxification, mental focus and thyroid health.

Smart Meter Cover -  Reduces Smart Meter radiation by 96%! (See Video).

Report abuse

    Comments

    Your Comments
    Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

    MOST RECENT
    Load more ...

    SignUp

    Login

    Newsletter

    Email this story
    Email this story

    If you really want to ban this commenter, please write down the reason:

    If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.