SpaceX Sues Attorney General Merrick Garland In A Bold Challenge to 'Unconstitutional' DOJ Complaint

 September 23, 2023

SpaceX, the aerospace manufacturer founded by Elon Musk, has recently filed a lawsuit against Attorney General Merrick Garland and other members of the Biden administration. The suit challenges a Department of Justice (DOJ) complaint that accused SpaceX of refusing to hire non-U.S. citizens. The legal action taken by SpaceX is not just a corporate maneuver but a principled stand against what they deem as an 'unconstitutional' complaint.

The Core of the Lawsuit

The DOJ had previously alleged that SpaceX refused to hire individuals who were not U.S. citizens or green card holders, claiming that federal laws prohibited such actions. However, SpaceX's lawsuit challenges the very foundation of the DOJ's administrative process.

The company argues that the administrative law judges (ALJs) who hear these cases are unconstitutionally appointed by the Attorney General rather than the President. This, according to SpaceX, violates the Constitution on multiple grounds, including the Seventh Amendment right to a jury trial.

Why This Matters

This lawsuit is not just about employment practices; it's about the integrity of the judicial system and the constitutional rights of companies. The case also has broader implications as it cites a U.S. Court of Appeals ruling that deemed the Securities and Exchange Commission’s ALJ scheme as unconstitutional. Furthermore, Senator J.D. Vance has questioned the DOJ's motives, suggesting that the lawsuit against SpaceX may be politically motivated.

"SpaceX has not engaged in any practice or pattern of discriminating against anyone, including asylees or refugees. To the contrary, SpaceX wants to hire the very best candidates for every job regardless of their citizenship status,"

complaint filed by SpaceX.


SpaceX's lawsuit against Attorney General Merrick Garland is a pivotal moment that challenges the administrative and judicial norms in the United States. It's not just about SpaceX or Elon Musk; it's about upholding the constitutional rights that are the bedrock of American society. As the case progresses, it will be interesting to see how the courts interpret these complex constitutional questions.

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