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Column: Trump-friendly billionaires are taking aim at the federal agencies that protect workers and consumers

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Column: Trump-friendly billionaires are taking aim at the federal agencies that protect workers and consumers

“If the law is against you, talk about the evidence. If the evidence is against you, talk about the law, and, … if the law and the evidence are both against you, then pound on the table and yell like hell.”

Thus the poet Carl Sandburg’s version of an ancient lawyer’s adage in his epic poem, “The People, Yes.” It isn’t his fault that his rendering is incomplete, since he was writing in 1936 and the modern legal mind has cooked up a further advisory, applicable when the entity against you is a government agency: If pounding the table and yelling won’t succeed, then get your adversary declared unconstitutional.

That’s the weapon being wielded at this moment against the National Labor Relations Board and the Consumer Financial Protection Bureau. The first was created by Congress in 1935 to protect workers’ organizing and bargaining rights, the second in 2010 to protect consumers from ripoffs by financial service firms.

The NLRB and the courts have recognized for years that delay to a union certification and the bargaining process causes irreparable loss of support among employees.

— Teamster attorney Julie Gutman Dickinson

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Those agencies are under assault by two of the richest men in the world: Elon Musk, who controls Tesla and SpaceX, among other enterprises, and Jeff Bezos, the founder and executive chair of Amazon. To put it succinctly, these are agencies devoted to serving the little guy by fighting battles against Big Business. Is there any mystery about why they’re targeted by billionaires?

I reported in January on the effort by SpaceX to persuade a federal judge to declare the NLRB unconstitutional.

Amazon is pursuing the same goal in its own fight with the NLRB, in which it’s trying to stave off an order that it enter into contract negotiations with 8,000 workers at a warehouse in Staten Island, N.Y. Amazon is also trying to overturn the victory in the workers’ 2022 vote by a union that subsequently affiliated with the Teamsters.

As for the CFPB, Musk on Nov. 26 tweeted, “Delete CFPB…. There are too many duplicative regulatory agencies.” He was responding to a fatuous spiel by venture investor Marc Andreessen, who in an appearance on Joe Rogan’s webcast called the CFPB “Elizabeth Warren’s personal agency, which she gets to control.” Sen. Warren (D-Mass.) conceived of the agency and pushed for its creation after the recession of 2008, but she has zero “control” over it.

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As Helaine Olen of the American Economic Liberties Project has observed, what really sticks in Andreessen’s craw about the CFPB is that it has worked to protect consumers from financial services outfits, including fintech firms in which Andreessen, along with other Silicon Valley bros, has invested. (I asked Andreessen via his substack column to expand on his claims, but haven’t heard back.) Rogan, wearing his persona as a babe-in-the-woods naif, listened to this nonsense in slack-jawed stupefaction.

“Duplicative”? What makes the CFPB so important is that it’s virtually unique among federal agencies in possessing the explicit responsibility to protect ordinary Americans from the depredations of financial snake-oil sales forces.

In its more than 13 years of existence, the bureau has secured more than $17.5 billion in compensation and other relief for consumers mulcted by the financial services industry and built up a victims relief fund worth more than $4 billion.

Musk’s campaign against these two agencies warrants notice because of his elevated role within the coming Trump administration. Along with Vivek Ramaswamy, another right-wing activist, he has been anointed as head of a Department of Government Efficiency, with the goal of rooting out supposed sources of government waste. If Musk uses that perch to wage his personal campaign against the NLRB, that could make things, um, complicated for Trump’s nominee for Secretary of Labor, the pro-union Lori Chavez-DeRemer.

That brings us to the claims that the agencies are unconstitutional. I asked SpaceX and Amazon to comment on their lawsuits. SpaceX hasn’t replied. Amazon, through spokesperson Eileen Hards, said it filed its lawsuit raising the issue “because we believe the NLRB is acting beyond its mandate, including by having its Members serving as both prosecutors and judges on the same case. This is a clear violation of separation of powers, and furthermore, they feel emboldened to do so because they are unconstitutionally insulated from removal.”

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The company said further that it doesn’t believe the “election process was fair, legitimate, or representative of what the majority of our team wants…. We’ll continue to use all legal avenues available to us as we believe the decision will be overturned when it’s reviewed by an unbiased court.”

The unconstitutionality charge was laid against the CFPB by payday lending firms, supported by credit unions, the U.S. Chamber of Commerce and a passel of right-wing legal organizations, which based their case on the fact that the bureau’s funding comes from the Federal Reserve rather than the U.S. Treasury.

The Supreme Court rejected that argument by a 7-2 vote in May.

The claims against the National Labor Relations Board are different. In separate lawsuits, SpaceX and Amazon assert that because the board members and the board’s administrative law judges are insulated from at-will removal by the president, it’s in violation of several constitutional principles and provisions.

SpaceX’s case arose from an NLRB accusation that it improperly fired nine employees in 2022 for publishing an open letter complaining about safety provisions at the company’s plants. union organizing activities, among other illegal acts. Its lawsuit has had a complicated procedural history.

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SpaceX originally filed its lawsuit in federal court in Brownsville, Texas, where it had a 50-50 chance of drawing a Trump-appointed judge but where appeals go to the notably conservative 5th Circuit Court of Appeals, in what appeared to be a flagrant example of forum-shopping.

As it happened, the case came before Rolando Olvera, an Obama appointee. He didn’t think much of a Hawthorne-based company suing the NLRB, which is located in Washington, D.C., over the firings of employees who mostly worked in California. (The lone exception was an employee located in Washington but whose supervisors were in California.)

“It is undisputed that no party resides in the Southern District of Texas,” Olvera ruled. He ordered the case transferred to federal court in Los Angeles. SpaceX appealed to the 5th Circuit Court, which obligingly ordered the case returned to Texas. The case is currently held in abeyance while the appeals court ponders various issues.

Amazon filed its case against the NLRB in September in San Antonio federal court, where three of the five judges are Republican-appointees but appeals also go to the 5th Circuit, even though the company’s dispute with the NLRB involves Teamster-represented workers in Staten Island, N.Y. It was assigned to Xavier Rodriguez, an appointee of George W. Bush.

One can’t overstate the stakes in this battle for the company and the union. The Staten Island warehouse was the first Amazon facility to win a union representation campaign.

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Amazon is seeking an injunction blocking the NLRB from “pursuing unconstitutional administrative proceedings,” asserting that the board members are “insulated from removal in contravention of Article II of the Constitution.” The NLRB’s structure, the company argues, “violates the constitutionally mandated separation of powers and Amazon’s due process rights.”

The Teamsters, which represents the Staten Island workers, sees the quest for an injunction as nothing but an effort to use the courts to delay the company’s obligation to meet the workers at the bargaining table.

“Granting the injunction would send the message to all these workers that it’s irrelevant that their bargaining representatives have been certified by the NLRB,” which creates a duty to start bargaining, Julie Gutman Dickinson, the Los Angeles labor attorney representing the Teamsters, told me.

“The NLRB and the courts have recognized for years that delay to a union certification and the bargaining process causes irreparable loss of support among employees,” Dickinson says. “The chilling effect goes far beyond the Amazon employees in the New York facility but extends to hundreds of thousands of employees across the country, many of whom are involved in organizing campaigns to seek union representation, who will see that the NLRB’s legal process is completely futile.”

Oral arguments in a second case, involving unionized drivers and dispatchers at a warehouse in Palmdale that the workers maintain is jointly operated by Amazon and a labor subcontractor, are scheduled for Dec. 18 in Los Angeles federal court.

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The Teamsters argues that Amazon appears to be a recent convert to the idea that the NLRB is unconstitutional. For more than two years, or since the Staten island election, Amazon pursued the NLRB’s administrative process to overturn the vote.

“At no time did Amazon assert any constitutional claims or allege the NLRB or its processes were constitutionally deficient,” the union said in a legal filing. Not until September, when it was facing an order to explain why it hadn’t bargained with the union, did the company raise the constitutional question.

It’s worth noting that the constitutionality of the NLRB has already been reviewed by the Supreme Court. That happened in 1937, with a 5-4 vote (the minority votes came from the cadre of reactionary justices known then as the Four Horsemen).

The majority opinion by Chief Justice Charles Evans Hughes didn’t explicitly address the president’s authority to remove the board members at will, but he did find that the “procedural provisions” of the National Labor Relations Act, which created the NLRB, met constitutional muster.

Amazon may be right to believe that it will prevail before what it calls “an unbiased court.” If it’s referring to the Supreme Court, it’s in with a chance, given the overt hostility the current court majority has shown toward organized labor. But declaring the NLRB to be unconstitutional, some 90 years since it was created by Congress, would be a big step indeed.

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Walmart’s EV chargers are coming to California with discounts for members

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Walmart’s EV chargers are coming to California with discounts for members

Walmart is rapidly expanding its network of electric vehicle chargers designed for customers to use while they shop.

The network could help fill gaps in EV infrastructure in states with greater need for chargers. Walmart, which has more than 5,000 locations in the U.S. and hundreds in California, says more than 90% of Americans live within 10 miles of one of its stores.

The chargers also offer an incentive for customers to choose Walmart — Walmart Plus members will receive a 10% discount off an average price of $0.46 per kilowatt-hour of energy at the company’s chargers.

Walmart chargers are already available at more than 75 locations in 17 states, with Texas boasting the most charging stations, followed by Florida and Arizona.

Matthew Nelson, Walmart’s director of energy policy, said last week on LinkedIn that the network will soon reach 29 states, including California.

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“We are delivering on the promise of affordable, reliable and convenient charging,” Nelson said in his post.

According to Walmart’s website, six charging stations are coming to California soon, though the company did not offer a specific timeline.

The chargers will be installed at stores in Antelope, Brea, Fresno, Stockton, Suisun City and Vallejo.

Most charging sites in California will include eight to 16 fast-charging stalls, said Walmart spokesperson Kelsey Bohl.

The company first announced plans in April 2023 to install its own EV chargers at Walmart and Sam’s Club stores, with a goal of installing thousands of chargers by 2030. Partnering with ABB E-Mobility and Alpitronic, it added 25 new charging sites this past May and six more in June.

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“Walmart is building a leading retail-integrated EV fast-charging network, focused on delivering an affordable, reliable and convenient charging experience where customers already shop,” Bohl said in an emailed statement. “Customers can charge while they shop, access stations through the Walmart app they already use, and benefit from affordable pricing.”

The charging stations already available include 612 individual charging stalls using 400-kilowatt chargers. Each stall has a dual charging cord with both Combined Charging System and North American Charging Standard connectors. The standard connectors, designed by Tesla, are smaller and lighter than the combined systems.

The primary way to pay for the chargers is through the Walmart app, but the company is also experimenting with built-in credit card readers to allow those without the app to use the stations.

Customers can check charger availability on the Walmart app. The company said the chargers will be available 24 hours a day.

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Waymo reports teen riders for bad behavior and delivers them to the police

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Waymo reports teen riders for bad behavior and delivers them to the police

Robotaxis could be turning into robocops.

A self-driving Waymo reported two teens to San Mateo, Calif., police on Monday after they were found drinking alcohol and shooting toy guns in the back of the vehicle.

According to a social media post from the San Mateo Police Department, officers detained two 15-year-olds after the Waymo they were riding in contacted the department and stopped in a parking lot until law enforcement arrived.

“Parents do you know where your teens are?” the San Mateo Police Department wrote on Facebook following the incident. “Waymo does!”

Officers removed both teens from the vehicle and determined they were using toy guns to shoot Orbeez out the windows. Orbeez are small, water-absorbing beads sold at toy stores.

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“Toy guns, water guns, and BB guns all pose real dangers, especially to an untrained eye,” the Police Department said. “The simple handling of them can cause fear in [passersby].” “

A video posted on Facebook shows at least five officers and a police dog responding to the scene and approaching the Waymo with their weapons raised.

Waymo did not immediately respond to a request for comment.

Waymo vehicles have internal cameras and microphones that may be used in an emergency or to “promote safety and security,” according to Waymo’s online support page.

The cameras are also used to ensure the vehicles are clean and to help find lost items, according to the support page.

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The company said it does not use facial recognition or other biometric identification technologies to identify individuals.

“In more urgent circumstances, support may access live video during a trip,” the Waymo page said.

The San Mateo Police Department’s Facebook post has garnered nearly 60 comments, with one user accusing Waymo of “snitching.”

“At least they got a designated driver?!” one user commented.

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Commentary: How right-wing anti-transgender attacks led to a Supreme Court ruling upholding sex discrimination

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Commentary: How right-wing anti-transgender attacks led to a Supreme Court ruling upholding sex discrimination

At the Supreme Court, the unfounded fear of boys masquerading as girls in youth sports rolled the clock back on gender equality.

On the surface, the Supreme Court’s June 30 opinion upholding state laws barring transgender girls from women’s and girl’s sports teams looks like a victory for women’s rights.

The 6-3 opinion by Justice Brett M. Kavanaugh certainly presents itself that way. “Females and males have inherent physical differences relevant to athletic performance,” Kavanaugh wrote. “Therefore, in contact sports, forcing female athletes to compete against males can create significant safety risks.” He also asserted that “forcing female athletes to compete against males can undermine competitive fairness.”

The ruling applied to prohibitions enacted in Idaho and West Virginia against “biological” males’ participation on women’s teams in public schools. Federal judges in both states overturned the bans. The Supreme Court majority restored them. The ruling essentially upholds similar bans enacted in 25 other states.

There was no record of any transgender person participating in school sports in the State, let alone any ‘problem’ with transgender students … creating unfair competition or unsafe conditions.

— Justice Sonia Sotomayor, demolishing the Supreme Court’s argument in favor of banning transgender girls from girl’s sports

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Kavanaugh, like Donald Trump and others in the anti-transgender camp, maintained that one’s gender is an immutable fact of life, established even before birth.

Anything else, Trump stated in an executive order he issued on inauguration day 2025, could only be the product of “gender ideology extremism.” The U.S., his order stated, recognizes “two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality.” That’s a “biological truth,” he declared.

In his own version of this overconfident and factually insupportable conclusion, Kavanaugh wrote: “As all agree, females and males have inherent physical differences relevant to athletic performance.”

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Science recognizes that some people are “born with sex traits that don’t fit into typical male or female patterns,” to cite a discussion on the Cleveland Clinic web page on the topic “intersex.” The condition “may involve chromosomes, hormones, reproductive organs or genitals.”

From a psychological standpoint, medical science recognizes “gender dysphoria” as a real condition often requiring counseling and medical intervention such as the use of puberty blockers and hormones to stave off the development of secondary sex characteristics until the condition can be resolved.

No one disputes that there are physical differences between the sexes. Few would dispute that on average or even at the median, males may be bigger and more powerful than females, or that in certain contact sports the difference may be telling and on occasion dangerous.

But that’s not the same as asserting that the physical differences between males and females invariably mean that men will invariably prevail over women in all competitions or that their participation will endanger women.

The International Olympic Committee — in a policy statement Kavanaugh cited incompletely — says that in “most running and swimming events,” males have a 10% to 12% advantage over women. That’s a range that would accommodate the full spectrum of outcomes — transgender females win, cisfemales win, they tie. (The “cis” prefix denotes those living consistent with their birth gender.)

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West Virginia and Idaho addressed this ambiguity by banning transgender women from all girls’ teams. So under their rules transgender girls can’t play football or soccer with cisgirls. But what’s the argument in favor of banning them from the 100-yard dash, or cross-country track, or diving, or archery?

But something else is going on here. The Supreme Court’s ruling was almost preordained, given the years-long campaign by conservatives to demonize transgender individuals as if they’re members of an alien species.

It will be recalled that during his presidential campaign, Trump spun a despicable fantasy in which children were kidnapped in school and secretly subjected to sex-change operations.

Trump’s executive order wiped out policies aimed at protecting transgender adults from discrimination. He moved to outlaw gender-affirming medical therapies for anyone under 19 by cutting off federal funding for healthcare institutions that provide such care.

He banned transgender individuals from serving in the military and ordered federal prison officials to move transgender inmates into the general populations consistent with their birth genders, which exposes them to physical assault. (Federal Judge Royce Lamberth of Washington, D.C., has blocked the government from transferring three transgender women into the male prison population or terminating their hormone treatments.)

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I wrote during Trump’s first term, when his anti-transgender policies were still gestating, that the goal was to show that “one can target any community, as long as it doesn’t have a strong political voice or political power. These are the actions of bullies and cowards, pretending to be strong.”

Last year, the Supreme Court struck its first blow against transgender rights by upholding a Tennessee law banning transgender care, including puberty blockers and hormone therapy, for minors. Similar laws have been enacted in 25 other states. The majority in that ruling by Chief Justice John G. Roberts Jr. was identical to the one in the June 30 ruling — Roberts, Kavanaugh, and Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Amy Coney Barrett.

Who are the targets of this ideological campaign? They number only about 1.6 million U.S. adults, or one-half of 1% of the U.S. population. About 300,000 adolescents ages 13 to 17, or 1.4%, identify as transgender, according to a study by UCLA School of Law.

In West Virginia, as Justice Sonia Sotomayor observed in her dissenting opinion, “there was no record of any transgender person participating in school sports in the State, let along any ‘problem’ with transgender students … creating unfair competition or unsafe conditions.”

In endorsing the flat bans directed at transgender women in Idaho and West Virginia, Kavanaugh argued that any attempt to implement case-by-case judgments of students’ requests to join sports teams inconsistent with their biological gender would create “an enormous practical and administrability problem.”

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Is that so? That wasn’t the case in Maine, where the annual K-12 population is more than 170,000. There, a committee was charged with determining whether a student’s participation in a sport consistent with their gender identity but inconsistent with their biological sex would “result in an unfair athletic advantage” or present a risk of injury to others. The committee held 56 hearings from 2013 through 2021, or an average of seven per year. During the entire time span, only four involved transgender girls. (The outcome of those hearings couldn’t be learned.)

It was Maine’s policy, one might recall, that provoked a confrontation between Trump and Maine Gov. Janet Mills at the White House last year, when Trump threatened to withhold federal funding from the state unless it barred transgender students from competing on women’s sports teams. “We’ll see you in court,” Mills snapped.

Whether the Idaho and West Virginia laws genuinely protect girls from unfair competition is questionable. (The Idaho law is styled the “Fairness in Women’s Sports Act.”) In practice, the laws may subject women in public schools to “invasive sex verification procedures,” as educational expert George Theoharis of Syracuse University wrote after the court ruling.

They’re also based on a retrograde view of women as fragile creatures needing men’s protection, Theoharis wrote — “the same logic that has historically been used to justify excluding women from making their own healthcare decisions and girls from rigorous math and science; that physically demanding work is simply beyond them.” (There don’t appear to be any state laws barring transgender women from competing in men’s sports.)

Becky Pepper-Jackson, the plaintiff in the West Virginia case, in which she is identified only as B.P.J., is the only transgender girl who sought to join girl’s teams — track and cross-country — in the state. That was in 2021, just after West Virginia passed its law and she was about to enter sixth grade. She didn’t appear to pose any competitive risk to others on the track and cross-country teams she applied to join — her lawyers told the Supreme Court that on those no-cut teams, she “came in near the back.”

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Anyway, she had not gone through male puberty, which theoretically might have endowed her with a competitive advantage, because she had been taking puberty blockers and female hormones.

Thanks to the court’s ruling, Sotomayor observed in a dissent joined by Justices Elena Kagan and Ketanji Brown Jackson, West Virginia can deny Becky access to school sports “because it thinks they have an inherent athletic advantage, even if the facts show that they do not.”

B.P.J., Sotomayor wrote, “cannot practice on girls’ teams, even if she would not take anyone’s spot in an eventual competition, even if everyone who tries out for the team makes it, and even if having the chance to participate could aid immensely in treating B. P. J.’s gender dysphoria.”

So whose interest was really protected by the Supreme Court?

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