From Fortune:

Trader Joe’s, a grocery chain, and SpaceX are arguing that the US labor board is unconstitutional. At a hearing, an attorney told the judge they would be introducing a new argument to their defense: “The structure and organization of the National Labor Relations Board and the agency’s administrative law judges is unconstitutional,” said the company’s attorney Christopher Murphy. Trader Joe’s take joins that of Musk’s company and may become widespread in corporate America.

On January 4, SpaceX filed a lawsuit that argued the NLRB case against it was unconstitutional, the day after the agency issued a complaint. Elon Musk hits back against NLRB for SpaceX court case by filing lawsuit that questions the very legitimacy of the federal agency

The attacks on the NLRB’s constitutionality are likely to become widespread, and the changing federal judiciary makes such arguments more viable. Attacks on the NLRB stem from the rightward shift of the federal judiciary, allowing arguments that may not have been credible before due to the membership of the Supreme Court.

The grocery chain’s union, Trader Joe’s United, expressed their disappointment in the company’s new argument about the legitimacy of the NLRB. Trader Joe’s attorney understands that the case against the grocer will still proceed for now and is raising the issue of the agency’s constitutionality “for future briefing and argument”.

The NLRB case is expected to proceed, with the judge suggesting that the constitutionality of the agency will be decided by NLRB members or federal judges eventually. Charles Muhl said, “I’m certainly not going to be ruling on my own constitutionality anytime soon,” Muhl said.



Read more: Trader Joe’s says Musk, SpaceX right about NLRB