A Judicial Rebuke with National Consequences
“The Constitution does not countenance unlawful power,” the panel wrote. “And when the Constitution draws boundaries, neither agency expedience nor institutional inertia can erase them.”
The decision threatens to undercut the agency’s ability to prosecute unfair labor practice cases nationwide, setting the stage for a potential showdown at the U.S. Supreme Court.
For now, SpaceX, Aunt Bertha, and Energy Transfer LP are shielded from the NLRB’s legal firepower—a reprieve that could ripple across industries and embolden other companies to challenge the agency’s reach.
