Good morning. Elon Musk’s company SpaceX says the National Labor Relations Board’s in-house courts are unconstitutional (and PLF agrees); a teacher is suing over a state program that reimburses fees only for minority teachers; and an upcoming Supreme Court case could clean up homelessness. Here’s what’s on our Docket.
 

NLRB courts are unconstitutional, PLF argues in SpaceX brief

Elon Musk’s SpaceX is suing the National Labor Relations Board, arguing its in-house courts are unconstitutional. PLF, which has been fighting to end unjust agency adjudication, filed an amicus brief in support of SpaceX’s argument. “If the NLRB has a case against SpaceX, it can make that case in a court of law before a jury,” PLF said in our brief. The executive branch can’t act as investigator, prosecutor, judge, and jury when going after individuals and businesses.

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Segregation by any other name

An increasing number of school districts are offering “affinity classes” that cater to specific racial groups. One school district in Evanston, Illinois, has drawn the media’s eyes recently for expanding affinity course options, now offering segregated courses in the core curriculum, like math and English. These classes aren’t just a bad idea; they’re also illegal.

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Teacher sues over Oregon’s discriminatory grant program

Teachers in Oregon need to renew their teaching licenses every five years. It costs a couple hundred dollars—not usually a sum worth a federal lawsuit. But one teacher has made a federal case out of it. Tyler Lynn is suing because if he were a minority, the fee would be reimbursed—but because he’s white, he’s not eligible for reimbursement.

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New Jersey breweries celebrate victory

New Jersey just became a freer state: Governor Phil Murphy signed a bill easing restrictions on craft breweries. The restrictions had been unilaterally written and enforced by the state’s Division of Alcoholic Beverage Control (ABC) and were a nightmare, arbitrarily capping the number of nights breweries could show sports on TV, banning food trucks, and stipulating that no soda could be served unless made in-house.

Pacific Legal Foundation has been representing Death of the Fox Brewing Company in a lawsuit against the ABC, arguing its rules had no statutory authorization. With pressure from our lawsuit—which The Wall Street Journal supported in an editorial—New Jersey legislators passed a bill making clear that ABC’s rules were not law. The regulators were forced to withdraw the rules. “New Jersey breweries can now operate their taprooms like normal people would expect and should see healthy economic growth as a result,” says PLF attorney Caleb Trotter.

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How property ownership empowered a black community to thrive in the post-Reconstruction era

In 1887, Eatonville, Florida, became the first black-incorporated township in the country. The residents there discovered property rights were the key to liberty.

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The Supreme Court case that could clean up homelessness

The Ninth Circuit Court of Appeals ruled that cities can’t prevent homeless people from sleeping on the street. The Supreme Court agreed to hear the case, which will determine whether cities are forced to cede public spaces to homeless encampments. PLF filed an amicus brief on behalf of the city, asking the Supreme Court to overturn the Ninth Circuit’s decision. The Constitution does not guarantee people a positive right to sleep in public spaces.

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