NLRB and EEOC Members

[executrix]

Trump has fired the General Counsels of the NLRB and EEOC, which he is legally allowed to do. He has also fired a member of the NLRB and an EEOC commissioner, which he is probably legally not allowed to do. (Nobody ever tried because, well, basic Washington civility and respect for law.)

However, this may turn out to be Worst Than a Crime, An Error. Because now both the NLRB and EEOC have only two members. Without a quorum--three members--the agencies aren't allowed to take any significant actions. Considering what we're going to think about any actions agencies led by Trumpanzees would take, he should want a quorum ASAP, and we should want a quorum...never. I haven't seen a lot of discussion of this outside employment law blogs, but I think there should be campaigns to warn Senators against confirming anybody nominated by Trump for these posts. (Well, I think they should be singing "we will never, ever, ever, ever vote to confirm any of your nomineees" anyway.)

Comments

[chestnut_pod]

Gwynne Wilcox is suing. Of all the people to illegally fire, I really think an NLRB official was the most foolish choice.

[lyr]

It's good to know that at least stupidity, incompetence, and laziness are still working as our best defense. It's sad that's where I find my hope these days, but there it is.

[executrix]

The Texas district courts have maintained a policy of "enjoin everything remotely useful or helpful" and I don't see why the district courts of, say, Connecticut and New Jersey couldn't adopt it. And Wilcox is spearheading the "keep everything tied up in court" strategy.

It's lucky for Elon Musk that, as a wise and enlightened employer who retains the loyalty of his employees for life there are no disgruntled former employees who are tempted by large awards to False Claims Act relators to bring FCA suits about Musk's manifold receipts of governmental largesse.