The Right Is Hoping the Supreme Court Scraps US Labor Law
With a number of cases now working their way through US courts, the Right is hoping the Supreme Court will scrap central elements of labor law. Unions need to prepare for this outcome, which would create a dramatically different strategic terrain for labor.

Tesla, SpaceX, and X/Twitter CEO Elon Musk raises his hands as he takes the stage during a campaign rally for Donald Trump at Madison Square Garden on October 27, 2024, in New York City. (Michael M. Santiago / Getty Images)
The foundational 1935 labor law protecting workers is unconstitutional, according to major corporations and right-wing zealots who believe they have enough votes on the Supreme Court to overturn it. In the latest sign that anti-union forces will doggedly press the matter, a federal judge for the Northern District of Texas enjoined the National Labor Relations Board (NLRB) from processing any allegations of employer violations of workers’ rights. The National Review hailed the decision as “A Welcome Blow to the NLRB.”
This is after Elon Musk’s SpaceX won a similar injunction against the NLRB before the Western District of Texas in July. Both cases will work their way up to the Fifth Circuit Court, which has served as an expressway to steer anti-regulatory legal appeals to the Supreme Court ever since Donald Trump packed it with right-wing ideologues.
The arguments that the employers utilize, and even the immediate outcomes of these cases, are almost irrelevant to the ultimate goal: the right wing aims to repeal the twentieth Century.