> Right, but it would take a lot of steps for it to even make it to the Supreme Court in the first case. As it is this has a huge chance of being instantly dism

> Right, but it would take a lot of steps for it to even make it to the Supreme Court in the first case. As it is this has a huge chance of being instantly dismissed. This is in the 5th Circuit. The 5th Circuit has already ruled that ALJs (administrative law judges) are unconstitutional, [0] a precedent which SpaceX is directly citing in this case–14 times. [1] Indeed, this is basically just copy-pasting the holdings from that judgement against the SEC, and applying them to the NLRB. The only way the NLRB wins given that precedent, is to convince the court that there is some constitutionally significant difference between the SEC's ALJs and its own–and even if the District Court judge were convinced of that, I doubt the 5th Circuit (the most conservative of the federal Courts of Appeal, and with a reputation of being unfriendly to the NLRB) would agree. So no way does this have a "huge chance of being instantly dismissed". However, that 5th circuit ruling is currently being appealed at SCOTUS (SEC v Jaresky). [2] It was argued in late November, so we should have a ruling by late June / early July, possibly even earlier. If SCOTUS upholds the 5th Circuit's ruling, SpaceX very likely wins. If SCOTUS overturns the 5th Circuit's ruling, SpaceX very likely loses. Both sides will readily agree to drag this out until they get that ruling. SpaceX's lawyers aren't really doing anything legally original here, just setting themselves up to potentially benefit from an upcoming SCOTUS ruling, if it happens to go their way. This case is unlikely to ever make it to that level, because that level will have already decided it one way or the other. This is somewhat misleading journalism, trying to make it sound like SpaceX is launching an novel attack on the NLRB, as opposed to just piggy-backing themselves on somebody else's attack on the entire ALJ system. [0] https://www.ca5.uscourts.gov/opinions/pub/20/20-61007-CV0.pdf https://www.ca5.uscourts.gov/opinions/pub/20/20-61007-CV0.pd... [1] https://www.courthousenews.com/wp-content/uploads/2024/01/spacex-vs-nlrb-124cv1.pdf https://www.courthousenews.com/wp-content/uploads/2024/01/sp... [2] https://www.scotusblog.com/case-files/cases/securities-and-exchange-commission-v-jarkesy/ https://www.scotusblog.com/case-files/cases/securities-and-e...