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 May 28, 2025
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 Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024), permits a court to (a) accept an agency’s reasonable construction of a statute without exhausting all relevant tools to find the single, best meaning or (b) give precedential weight to decisions affording deference under Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), when the court evaluates different agency action.
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Whether statutes that prescribe a definite term for a federal office, with no language providing for removal, preclude the officer’s removal without cause before the term ends.
Counsel of record
For petitioner
Philip Andrew Miscimarra
Morgan, Lewis & Bockius LLP
For respondent
Benjamin Daniel Berger
Barnard Iglitzin & Lavitt LLP
Proceedings
- Jan 12 2026Petition DENIED.
- Dec 10 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 10 2025Reply of petitioners United Natural Foods, Inc., et al. filed. (Distributed)
- Nov 26 2025Brief of respondent National Labor Relations Board in opposition filed.
- Nov 26 2025Waiver of right of respondents Intervenors Teamsters Local Unions 117 and 313 to respond filed.
- Oct 29 2025Motion to extend the time to file a response is granted and the time is extended to and including November 26, 2025.
- Oct 28 2025Motion to extend the time to file a response from October 29, 2025 to November 26, 2025, submitted to The Clerk.
- Sep 25 2025Petition for a writ of certiorari filed. (Response due October 29, 2025)
- Aug 18 2025Application (25A190) granted by Justice Alito extending the time to file until September 25, 2025.
- Aug 13 2025Application (25A190) to extend the time to file a petition for a writ of certiorari from August 26, 2025 to September 25, 2025, submitted to Justice Alito.