The moves comes after the NLRB filed a complaint against SpaceX Wednesday, accusing the company of unlawfully firing eight employees who drafted and circulated an open letter detailing workplace concerns.

The SpaceX suit describes the NLRB complaint as “unlawful,” claiming the agency’s structure violates Article 2 of the Constitution and the Fifth and Seventh amendments, The Hill’s Nick Robertson reported.

The company argues that because only board members and administrative judges can be removed by the president — and not all employees — the agency’s structure is unconstitutional.

“The existence of unconstitutional removal protections inflicts twofold harm. It limits the President’s constitutional authority, of course,” the suit reads. “But it also produces an administrative bureaucracy that operates on regulated parties without the constitutionally required ‘degree of electoral accountability.’”

Read more in a full report at TheHill.com.

Welcome to The Hill’s Technology newsletter, we’re Rebecca Klar and Julia Shapero — tracking the latest moves from Capitol Hill to Silicon Valley.