This has a bit of a slow fuse right now, because it's not happening yet and because there's so much else going on, but this is a very important case to watch. - ThreadSky

chrisgeidner.bsky.social • 414 days ago

This has a bit of a slow fuse right now, because it's not happening yet and because there's so much else going on, but this is a very important case to watch.

Reposted from Law Dork

BREAKING: Elon Musk's SpaceX and his anti-labor lawyers at Morgan Lewis filed their motion for a preliminary injunction tonight in their case aimed at getting the National Labor Relations Board declared unconstitutional: storage.courtlistener.com/recap/gov.us...

Comments

brianxsmith.bsky.social•414 days ago

He's such an asshole

piratedan7.bsky.social•414 days ago

methinks it might be a touch of hubris for Elon to believe that he can close his eyes and wish 125 years of US labor Law into the cornfield.

I don't care to give any more time to bad faith bullshit than needed, but with THIS SCOTUS, perhaps nothing is safe.

staidwinnow.cultofsundries.com•413 days ago

I give him even odds with the six Republican smurfs on the SCOTUS.

Besides he can afford the legal costs.

crookedknight.bsky.social•414 days ago

SCOTUS is *already* considering a parallel to this case for the SEC, if that challenger wins all Musk('s lawyers) would have to do is cite the new precedent. Thankfully based on oral argument it looks like they're not going to blow everything up like he wants.

chrisgeidner.bsky.social•414 days ago

Yeah, here's my coverage of that case, but — as you suggest — we don't think that's how it's going to go: https://www.lawdork.com/p/the-sec-case-is-really-about-congresss

But, I don't think I'd call it a parallel case, ultimately. I think this is a follow-on, next-up case.

chrisgeidner.bsky.social•414 days ago

methinks there's a reason why i talk about morgan lewis every time i mention this case almost more than i talk about musk.

whatsarasaid.bsky.social•414 days ago

how about it's worse than either of you is saying because you're both right: any other SCOTUS since the 1860s and even Morgan Lewis wouldn't think to try to convince their client they had a shot

happy new year, everyone

chrisgeidner.bsky.social•414 days ago

That ... is my point. Morgan Lewis is the key here; Musk is the shiny object.

motherboy.bsky.social•414 days ago

I’m feeling kind of holy shit about this

rednecklefty.bsky.social•411 days ago

I'm also interested in how and why OSHA seems to have been treating SpaceX with kid gloves until recently. And how soon some of SpaceX's protectors in Congress and the DOD walk away.

swiftofopal.bsky.social•414 days ago

Just so I can gauge how much I should worry, what kind of vacation package is elon offering the justices?

cynthie.bsky.social•238 days ago

Workers of the world unite!

hanoiski8.bsky.social•238 days ago

Another advocate for bringing back
Slavery…

jametc.bsky.social•414 days ago

For those of us whose brains are entirely filled up with news detritus right now, is there a really cheap and simple summary of what this might be about?

thatoldbear.bsky.social•414 days ago

He's just trying to rule government and unions have no right to tell him anything about how to pay his workers or be responsible for their safety. He's just an old timey Saffer caricature

anmontestruc.bsky.social•414 days ago

So are you going to go over the constitutional issues brought up and give a point by point why you think Musk’s side is wrong, or is it just labor is always the good guys?

atlemar.bsky.social•414 days ago

This is the natural sequel to that 5th Circuit SEC case, right?

chrisgeidner.bsky.social•414 days ago

Yes, but the SEC case is looking a bit weird, so not sure if it’s a sequel per se, but, it’s definitely a follow-on, especially given that it’s within the 5th Circuit. My coverage: https://www.lawdork.com/p/the-sec-case-is-really-about-congresss

leannareneehieber.bsky.social•414 days ago

REALLY hope @kimkelly.bsky.social covers this as soon as possible.

kimkelly.bsky.social•414 days ago

I got a lot going on right now but am keeping an eye on it

leannareneehieber.bsky.social•414 days ago

Not to ever say you need more stuff on your plate in this year-of-our-child-labor-lord-wtf, I just always appreciate hearing your thoughts and always want to lift up all the work you already do. 🖤

chrisgeidner.bsky.social•414 days ago

And, of course, subscribe to Law Dork to support and keep up with my independent legal journalism: https://www.lawdork.com/

chrisgeidner.bsky.social•414 days ago

And, yes, as I discussed when this was filed, this follows on some issues in the SEC case pending at SCOTUS this term. However, the arguments didn’t go as well as Jarkesy’s lawyer (and the 5th Circuit) would have liked, so it’s not clear right now how it falls out. https://www.lawdork.com/p/the-sec-case-is-really-about-congresss

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