this post was submitted on 26 Jan 2024
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Grocery chain Trader Joe’s is joining Elon Musk’s SpaceX in arguing that the US labor board, which is prosecuting cases against both companies, is unconstitutional.

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[–] BaldProphet@kbin.social 12 points 8 months ago (3 children)

Hmm. I couldn't read the full article because of a paywall, but from what I understand, the constitutionality of the NLRB was upheld by the Supreme Court in NLRB v. Jones & Laughlin Steel Corp. 301 U.S. 1 (1937). I'm not sure there is any foundation to contemporary claims that the NLRB is unconstitutional.

[–] WhereGrapesMayRule@lemmy.world 23 points 8 months ago (2 children)

As with overturning Roe v. Wade, the legal foundation will be "our conservative cult says so".

[–] Semi-Hemi-Demigod@kbin.social 9 points 8 months ago (1 children)

"ThE NLRb isn'T in the cONSTITutIoN!!1!" - The Supreme Court, probably

[–] admiralteal@kbin.social 1 points 8 months ago

This is essentially what is happening when you hear the conservative justices talking about "substantive due process". It's arguing that just because things are rights, the mere fact that they aren't mentioned in the constitution means they aren't protected by the constitution.

Even though the 9th a amendment explicitly says the opposite.

[–] BaldProphet@kbin.social 1 points 8 months ago

They'll have to find some different basis for suing, just like the Dobbs case. The Supreme Court today is most certainly less friendly toward the idea of the NLRB than the Supreme Court of 1937.

[–] wintermute_oregon@lemm.ee 0 points 8 months ago (1 children)

I have only seen one explanation that Space X has made. Since it denies them a trial by jury then it is unconstitutional. That seems to be the crux of their complaint.

[–] ryven@lemmy.dbzer0.com 1 points 8 months ago (1 children)

Oh, it's "corporations are people" again. Bleh.

[–] wintermute_oregon@lemm.ee 1 points 8 months ago

I suspect that’ll be the answer. Fine give them a jury. I don’t they’ll fair well