Alain JOCARD/AFP), Kevin Lamarque, Pool via APElon Musk’s Space X has sued Attorney General Merrick Garland and other members of President Joe Biden’s administration over the “unconstitutional” U.S. Department of Justice complaint issued against the company last month.
The lawsuit filed last week comes after the DOJ alleged last month that SpaceX refused to hire people who were not U.S. citizens or green card holders. The DOJ said Musk’s company wrongly claimed federal laws prohibited them from hiring noncitizens.the legitimacy of DOJ administrative judges who hear cases involving employment bias against noncitizens.
But aside from being factually and legally insupportable, the government’s proceedings are unconstitutional for at least four reasons: the administrative law judge adjudicating the government’s complaint was unconstitutionally appointed; the ALJ is unconstitutionally insulated from Presidential authority because she is protected by two layers of for-cause removal protections; the ALJ is unconstitutionally purporting to adjudicate SpaceX’s rights in an administrative proceeding rather than in...
The lawsuit also cited a U.S. Court of Appeals for the Fifth Circuit ruling that held the Securities and Exchange Commission’s administrative law judge scheme is unconstitutional, a decision the U.S. Supreme Court is set to