This is a very noteworthy piece from Bruenig's new NLRB Edge publication over on Substack (my condolences to people with opposition—maybe he'll spin it off into its own website like PPP if it gets successful enough). The ACLU is usually on the side of good, or at least good principle. But in this case they are neither, and what they're arguing could be legitimately devastating if accepted by a court:
In addition to trying to expand the scope of mandatory arbitration, the ACLU is also arguing that the current General Counsel (GC) of the NLRB, Jennifer Abruzzo, was appointed unconstitutionally because President Biden did not have the right to remove her predecessor, Peter Robb, before his four-year term as GC had ended. Biden fired Robb on the first day of his presidency and is the first president to ever fire an NLRB GC.
According to the ACLU’s answer, because Robb was unconstitutionally fired, Abruzzo was unconstitutionally appointed and therefore lacks the authority to prosecute the ACLU for unfair labor practices. If this argument prevails, then it could potentially invalidate everything the Biden Board has done as it is all dependent, in one way or another, on the actions taken by GC Abruzzo.
