Here's another take at reigning in the Administrative State, todays WSJ: "The SpaceX lawsuit also seeks to break new legal ground by taking aim at the NLRB's combination of adjudicative, legislative and executive power, which it argues violates the constitutional separation of powers and due process. NLRB members rule on charges brought in its administrative courts and decide whether to seek injunctive relief in federal court.
Members of other independent agencies do the same, but SpaceX argues that the NLRB's procedural unfairness is magnified because the board "has chosen to promulgate virtually all the legal rules in its field through adjudication rather than rulemaking."
In other words, the board uses internal adjudications to write new labor law. When a party appeals a board decision in federal court, the NLRB then claims that its interpretations of labor law based on its precedents and fact finding deserve judicial deference. Imagine a district attorney writing the law and hearing cases that it prosecutes under that law.
The "accumulation of all powers legislative, executive and judiciary, in the same hands" is "the very definition of tyranny," SpaceX writes, citing James Madison's Federalist No. 47. Congress has granted the NLRB and other independent agencies sweeping powers that would have made the founders blanch. But the agencies have also expanded their purview.
The Biden NLRB is a case in point. The board's statutory mission is to protect workers' right to organize, but it is rewriting labor law to limit employer rights to manage their workforces. Credit to SpaceX for firing a rocket at the administrative state."
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