#WorkforceWednesday® - SpaceX Victory: Court Questions NLRB's Constitutional Authority - Employment Law This Week®
By Mark Ishu The Supreme Court’s decision in SEC v. Jarkesy (2024) and the Fifth Circuit’s ruling in SpaceX v. NLRB (2025) together mark the most significant challenge in decades to the modern administrative state. Both...more
In a post-trial opinion issued on June 30, 2025, the Delaware Court of Chancery largely ruled in favor of a fund manager who removed a Chinese investor from a fund established to purchase SpaceX shares, while finding the...more
In a recent JDSupra post, I discussed how the NEPA process has historically affected operations at U.S. spaceports and examined how two recent White House executive orders, which roll back the NEPA process and encourage rapid...more
Data centers … in space. How did the “final frontier” become a genuine consideration for siting and constructing next-generation data centers? ...more
Both unionized and non-unionized employers are familiar with the National Labor Relations Board’s authority to pursue and adjudicate unfair labor practice charges. Following high-profile charges brought against SpaceX and...more
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has upheld three orders that bar the National Labor Relations Board from pursuing unfair labor practice cases against SpaceX and two other employers. ...more
David Bowie’s hit song "Space Oddity," about the fictional astronaut Major Tom, was released as a single in 1969. Environmental impact statements (EIS) for rocket launches in the US were not required at that time. Rocket...more
In a major setback for the National Labor Relations Board (NLRB), the Fifth Circuit Court of Appeals recently upheld an injunction, preventing the NLRB from holding an unfair labor practice (ULP) hearing against SpaceX and...more
On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed preliminary injunctions halting National Labor Relations Board (“NLRB” or the “NLRB”) proceedings against SpaceX and two other companies while they...more
As private industry and government entities increasingly venture into space, securing IP rights for space-related innovations has become a critical consideration. The global space industry is projected to generate more than...more
Cosmic shifts are happening in the jurisdictional landscape between the National Labor Relations Act (NLRA) and Railway Labor Act (RLA). These shifts have implications for private employers, as they have different rights and...more
Good Afternoon! Space developments have kept a steady pace these past two weeks. NASA terminated $420 million in contracts to align with DOGE’s cost-cutting push. The U.S. Space Force plans to launch 100+ satellites in...more
On February 3, 2025, the National Labor Relations Board (“NLRB” or the “Board”) filed a letter with the U.S. Court of Appeals for the Fifth Circuit on Space Exploration Technologies Corp. v. NLRB, Consolidated Case No....more
In the closing days of the Biden administration, antitrust law enforcers issued cautions to employers about conduct that could draw criminal charges against them. One is the use of restrictive non-disclosure agreements that...more
Good Afternoon! We did not publish last week because of the holiday, but the space business certainly didn’t succumb to a turkey-fueled nap. President-elect Trump named his pick to head NASA and the new EU space commissioner...more
While this article is now two years old, the insights shared by Mark Boggett, Managing Director of Seraphim Capital, are more relevant than ever. Space technology is advancing at an unprecedented pace, and its impact on...more
The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily...more
On November 18, 2024, the U.S. Court of Appeals for the Fifth Circuit heard oral argument on cases involving Amazon.com Inc. and SpaceX, respectively, challenging the constitutionality of the National Labor Relations Board...more
Good Afternoon! After the Republicans’ sweeping victory in last week’s election, the space community waits for guidance from the incoming Administration. Meanwhile, Congress enters the lame duck session with a slate of...more
On October 30, 2024, a Texas federal judge issued a preliminary injunction blocking the U.S. Department of Labor (“DOL”) from using its in-house administrative law judges to oversee administrative proceedings against a...more
Good Afternoon! It’s been a busy two weeks in space. Starliner returned from the ISS, humans traveled the furthest from Earth since the Apollo missions and conducted the first spacewalk by private citizens, and China launched...more
Good Afternoon! This is Akin’s biweekly policy newsletter on space policy and regulatory developments, providing information on major space headlines and forthcoming space-related events and hearings...more
Following several complaints filed with the National Labor Relations Board (NLRB), SpaceX has mounted a constitutional challenge against the structure of the NLRB. Specifically, SpaceX contends that NLRB administrative judges...more
Judge Alan Albright of the U.S. District Court for the Western District of Texas issued an order on July 23, 2024, granting Space Exploration Technologies Corporation’s (SpaceX) motion for a preliminary injunction after...more