Supreme Court Overturns NLRB-Specific Preliminary Injunction Standard

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“If we march into that village and we start trying to persecute people for using poison, something that's very illegal, nobody's going to talk to us. We're not going to find out where the poison came from. We're not going to be able to shut anything down. We should take the approach that people are using poison because they're desperate, because they see no other alternative.” – Andrew Stein Andrew Stein is a wildlife ecologist who spent the past 25 years studying human carnivore conflict from African wild dogs and lions in Kenya and Botswana to leopards and hyenas in Namibia. His work has long focused on finding ways for people and predators to coexist. He is the founder of CLAWS , an organization based in Botswana that's working at the intersection of cutting-edge wildlife research and community driven conservation. Since its start in 2014 and official launch as an NGO in 2020, CLAWS has been pioneering science-based, tech-forward strategies to reduce conflict between people and carnivores. By collaborating closely with local communities, especially traditional cattle herders, CLAWS supports both species conservation and rural livelihoods—making coexistence not just possible, but sustainable.…

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The U.S. Supreme Court issued an 8-1 decision in Starbucks Corp. v. McKinney, overturning a deferential legal standard that has allowed the National Labor Relations Board (NLRB) to enjoin a company’s conduct without showing that it likely broke the law.

Justice Thomas authored the Court’s opinion. Justice Jackson provided a ninth vote, concurring in the judgment, but dissenting in part at a length greater than the majority decision. The Court held that federal courts may not issue preliminary injunctions unless the NLRB meets four requirements: (1) it is likely to succeed on the merits; (2) it would suffer irreparable injury absent an injunction; (3) the balance of equities favors an injunction; and (4) an injunction serves the public interest.

Today’s decision overrules the five federal circuits that have been applying a relaxed standard when NLRB seeks a preliminary injunction, permitting it to punish an employer based on legal and factual allegations that are most likely meritless. In this episode, Mark, John, and Jenin discuss celebrate the victory and discuss the case.

See omnystudio.com/listener for privacy information.

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Supreme Court Overturns NLRB-Specific Preliminary Injunction Standard

Administrative Static Podcast

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Administrative Static Podcast

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Supreme Court Overturns NLRB-Specific Preliminary Injunction Standard 12:30

44 weeks temu12:30

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The U.S. Supreme Court issued an 8-1 decision in Starbucks Corp. v. McKinney , overturning a deferential legal standard that has allowed the National Labor Relations Board (NLRB) to enjoin a company’s conduct without showing that it likely broke the law. Justice Thomas authored the Court’s opinion. Justice Jackson provided a ninth vote, concurring in the judgment, but dissenting in part at a length greater than the majority decision. The Court held that federal courts may not issue preliminary injunctions unless the NLRB meets four requirements: (1) it is likely to succeed on the merits; (2) it would suffer irreparable injury absent an injunction; (3) the balance of equities favors an injunction; and (4) an injunction serves the public interest. Today’s decision overrules the five federal circuits that have been applying a relaxed standard when NLRB seeks a preliminary injunction, permitting it to punish an employer based on legal and factual allegations that are most likely meritless. In this episode, Mark, John, and Jenin discuss celebrate the victory and discuss the case. See omnystudio.com/listener for privacy information.…

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Supreme Court Overturns NLRB-Specific Preliminary Injunction Standard