– Trader Joe’s and Elon Musk
– Trader Joe’s and SpaceX.

Trader Joe’s Joins SpaceX in Arguing US Labor Board is Unconstitutional

Grocery chain Trader Joe’s is aligning with Elon Musk’s SpaceX in claiming that the US labor board, which is prosecuting cases against both companies, is unconstitutional.

Trader Joe’s Presents New Argument in Defense

During a recent National Labor Relations Board (NLRB) hearing in Connecticut, Trader Joe’s attorney Christopher Murphy stated that the structure and organization of the NLRB and its administrative law judges are unconstitutional. This argument mirrors that of SpaceX, which filed a lawsuit on January 4, asserting that the NLRB case against it should be put on hold due to the agency’s violation of the “separation of powers” outlined in the US Constitution. Trader Joe’s adoption of this argument suggests that it may gain traction among other corporations.

Trader Joe’s, which denies any wrongdoing in the case, has not yet responded to inquiries regarding this matter. The NLRB spokesperson declined to comment, while an attorney for the agency expressed their belief in the constitutionality of the NLRB and its administrative law judges.

Increasing Attacks on NLRB Constitutionality

Experts predict that challenges to the constitutionality of the NLRB will likely become more common, particularly since the rightward shift of the federal judiciary has made such arguments more viable. Catherine Fisk, a law professor at the University of California at Berkeley, noted that although many companies initially resisted recognizing the NLRB’s legitimacy when it was created in 1935, the US Supreme Court eventually upheld the agency’s authority in a 5-4 ruling in 1937. Fisk emphasizes that the composition of the Supreme Court remains the primary variable that has changed since then.

The union Trader Joe’s United, which has successfully organized four of the company’s locations in the past two years, expressed concern that the grocery chain’s new argument could damage its progressive branding. Seth Goldstein, the union’s attorney, stated that Trader Joe’s rejection of the New Deal would likely trouble its customers.

Trader Joe’s Case Expected to Proceed

While SpaceX has requested a federal judge to halt the NLRB trial against it, Trader Joe’s attorney expects the case against the grocery chain to proceed, at least for now. He plans to raise the issue of the agency’s constitutionality for future legal discussions.

Charles Muhl, the NLRB judge presiding over the case, suggested that the question of constitutionality might ultimately be decided by NLRB members or federal judges after he issues a ruling on other aspects of the case, which would then be subject to appeal. Muhl humorously remarked, “I’m certainly not going to be ruling on my own constitutionality anytime soon.”

Stay Informed with Fortune Daily

Stay up-to-date with the business news that matters most to you by subscribing to Fortune Daily. Register now to receive a customized digest delivered free to your inbox.