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The Supreme Court will rule for Starbucks and against the administrative state


Geee

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Washington Examiner

Under the Biden administration, with its overtly pro-union bias, the National Labor Relations Board is the fact-finder, the judge, and the jury in labor disputes subject to the National Labor Relations Act of 1935.

In oral arguments before the U.S. Supreme Court in the Starbucks v. McKinney case on Tuesday, a majority of the Supreme Court signaled that they will further roll back the power of the administrative state. The justices implied that they will rule that an administrative agency must have clear legislative language to support a determination they make.

 

This bears relevance because, in February 2022, seven employees at a Memphis, Tennessee, Starbucks shop were fired for violating company policy by inviting a television crew into the shop where they worked. The employees were publicizing their efforts to unionize. The NLRB went to court to get a preliminary injunction ordering that Starbucks rehire the employees. Under U.S. law, a preliminary injunction is an extraordinary remedy only to be issued when there is substantial reason to believe that the party harmed, in this case the employees, will win on the merits.

But under the Biden administration’s NLRB, the remedy of preliminary injunction in favor of labor is typically granted as a matter of right and de facto becomes permanent because legal disputes before the NLRB are protracted, lasting for years.

Except that Starbucks decided to challenge the legal standard for issuing a preliminary injunction. :snip:

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