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After a roundup of the first day of the E. Jean Carroll trial, Liz and Andrew break down the latest SpaceX lawsuit and discuss what it might mean for the future of collective bargaining. This is an unpaid post on Patreon.

NotesNathan J. Robinson, researcher, Current Affairs, “Surely We Can Do Better Than Elon Musk,” April 7, 2021 https://www.currentaffairs.org/2021/04/surely-we-can-do-better-than-elon-musk

S. Derek Turner, “Broadband Boondoggle: Ajit Pai's $886M Gift to Elon Musk,” Free Press, December 14, 2020 https://www.freepress.net/our-response/expert-analysis/insights-opinions/broadband-boondoggle-ajit-pais-886m-gift-elon-musk

NLRB proceedings against SpaceX

https://www.nlrb.gov/case/31-CA-307446

NLRA, 29 U.S.C. § 151 et seq.

https://www.law.cornell.edu/uscode/text/29/chapter-7/subchapter-II

NLRB damages chart

https://www.nlrb.gov/reports/nlrb-case-activity-reports/unfair-labor-practice-cases/remedies-achieved/monetary-remedies

SpaceX v. NLRB docket

https://www.courtlistener.com/docket/68136196/space-exploration-technologies-corp-v-national-labor-relations-board/

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Comments

Bekka Klingbeil

The President you are thinking of is President William McKinley, who was re-elected in 1900. He served only 6 mo of his second term, being shot at a public appearance in Sept 1901. What eventually killed him was gangrene resulting from the failure of doctors to find and remove the second bullet. His assassin was tried and convicted of murder and was executed by electric chair. (Sorry, history geek who is from Ohio, McKinley's home state.)

Kelli Strong

I think you were talking about President James Garfield. He was shot by the “lunatic” Charles J. Guiteau (who thought he was going to be ambassador to France). Garfield lingered for weeks after the shooting and died from sepsis. (Two great books about it Destiny of the Republic by Candice Millard and Assassination Vacation by FRF rock star Sarah Vowell). Guiteau acted as his own defense and blamed the doctors putting their fingers in the wound. Guiteau famously said “the doctors killed him, I merely shot him”

Bekka Klingbeil

Yeah, you're right. It could also have been Garfield. Weird OH presidential trivia today on Opening Arguments.

Kelli Strong

Another weird fact… OH has had more Presidents from their than any other state

C’mon

A. I love when y’all trash Elon Musk because of…. Everything you’ve said I am glad for reposting of the expose in the show notes! I agree Andrew was way ahead, this is why he (and Liz) are worth paying for in a way others are not. But people like me (especially women) in California who know workers at his Tesla plant also knew Musk to be an A-hole. But, we were the minority when AT did his impressive analysis. 😎

GOP Hold out (Trump is the RINO!)

(Not defending Musk) However, Space X has significant operations in southern Texas. Starbase, located in Brownsville, TX, has 1,800 Space X employees and is the primary launch location for Space X. This seems analogous to NASA filing a case in the 11th (Cape Canaveral, FL) instead of the 5th where its Houston HQ is located.

GOP Hold out (Trump is the RINO!)

This leads to a question for a future podcast: at what point is it “venue shopping”? I think we can objectively agree that the Twitter case filed in Texas was more than a stretch and was an example of abusing the system. Most SpaceX employees are in California, but Texas is not a minor location. What if 50% -1 SpaceX employees were in Texas? Is there an objective legal standard to what constitutes venue shopping?

Christine Ingleton

Please, please, please do a reenactment of the interactions between Habba & Kaplan!!!