Supreme Court of the United States · Official docket →
United Natural Foods, Inc., dba United Natural Foods, Inc. and SuperValu, Inc. v. National Labor Relations Board
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-60532 · judgment April 24, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether statutes that prescribe a definite term for a federal office, without providing for removal of the officer during the prescribed term, impliedly permit the officer’s removal at any time without cause.
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Whether courts should defer to the National Labor Relations Board’s view that the agency’s General Counsel has unreviewable authority to withdraw an administrative complaint when a motion for summary judgment has placed the merits before the Board.
Counsel of record
For petitioner
Philip Andrew Miscimarra
Morgan, Lewis & Bockius LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 2 conferences
Proceedings
- Aug 05 2024Judgment Issued.
- Jul 02 2024Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Loper Bright Enterprises v. Raimondo, 603 U. S. ___ (2024).
- Jun 28 2024DISTRIBUTED for Conference of 7/1/2024.
- Feb 07 2024DISTRIBUTED for Conference of 2/23/2024.
- Feb 07 2024Reply of petitioners United Natural Foods, Inc., et al. filed. (Distributed)
- Jan 22 2024Brief of respondent National Labor Relations Board in opposition filed.
- Jan 22 2024Brief of respondents Teamsters Local 117 and 313 in opposition filed.
- Dec 01 2023Motion to extend the time to file a response is granted and the time is extended to and including January 22, 2024, for all respondents.
- Nov 30 2023Motion of Teamsters Local 117 and 313 to extend the time to file a response from December 22, 2023 to January 22, 2024, submitted to The Clerk.
- Nov 29 2023Motion to extend the time to file a response is granted and the time is extended to and including January 22, 2024.
- Nov 27 2023Motion to extend the time to file a response from December 22, 2023 to January 22, 2024, submitted to The Clerk.
- Nov 20 2023Petition for a writ of certiorari filed. (Response due December 22, 2023)