The High Court Report23 Apr 2024

Oral Argument: Starbucks Corp. v. McKinney | Case No. 23-367 | Date Argued: 4/23/24 | Date Decided: 6/13/24

Link to Docket: Here.

Background:

Under the National Labor Relations Act, the National Labor Relations Board (NLRB) issues, prosecutes, and adjudicates complaints alleging that employers committed unfair labor practices. 29 U.S.C. § 160(b). Section 10(j) of the Act authorizes federal district courts, while the NLRB adjudication remains pending, to grant preliminary injunctive relief at the NLRB's request "as [the court] deems just and proper." Id. § 160(j).

Question Presented: Whether courts must evaluate the NLRB's requests for section 10(j) injunctions under the traditional, stringent four-factor test for preliminary injunctions or under some other more lenient standard.

Holding: When considering the National Labor Relations Board's request for a preliminary injunction under Section 10(j) of the National Labor Relations Act, district courts must apply the traditional four factors articulated in Winter v. Natural Resources Defense Council, Inc.

Result: Vacated and remanded.

Voting Breakdown: 8-1. Justice Thomas delivered the opinion of the Court, in which Chief Justice Roberts and Justices Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett joined. Justice Jackson filed an opinion concurring in part, dissenting in part, and concurring in the judgment.

Link to Opinion: Here.

Oral Advocates:

For Petitioner: Lisa S. Blatt, Washington, D.C.
For Respondent: Austin Raynor, Assistant to the Solicitor General, Department of Justice, Washington, D.C.

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