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Macy's Inc. v. National Labor Relations Board, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-124, 23-150, 23-188 · judgment October 21, 2025


Certiorari denied · June 15, 2026
Pre-decision estimate: 22% cert probability (95% interval 15%–31%)

Before the decision, about 5.3× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a Ninth Circuit decision below.

Question presented

M. CHRISTOPHER MOON JACKSON LEWIS PLLC 215 South State Street Suite 760 Salt Lake City, UT 84111

Counsel of record

For petitioner
Paul D. Clement
Clement & Murphy, PLLC

For respondent
David A. Rosenfeld
Weinberg, Roger & Rosenfeld

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Proceedings

  1. Jun 15 2026
    Petition DENIED.
  2. Jun 08 2026
    DISTRIBUTED for Conference of 6/11/2026.
  3. Jun 02 2026
    Rescheduled.
  4. May 29 2026
    Supplemental brief of respondent International Union of Operating Engineers, Stationary Engineers, Local 39 filed. (Distributed)
  5. May 19 2026
    DISTRIBUTED for Conference of 6/4/2026.
  6. May 19 2026
    Reply of petitioner Macy's Inc. filed. (Distributed)
  7. May 04 2026
    Brief of respondent International Union of Operating Engineers, Stationary Engineers, Local 39 in opposition filed.
  8. Apr 20 2026
    Brief of Federal respondent filed.
  9. Mar 27 2026
    Motion to extend the time to file a response is granted and the time is further extended to and including May 4, 2026, for all respondents.
  10. Mar 25 2026
    Motion to extend the time to file a response from April 3, 2026 to May 4, 2026, submitted to The Clerk.
  11. Feb 27 2026
    Motion to extend the time to file a response is granted and the time is further extended to and including April 3, 2026, for all respondents.
  12. Feb 24 2026
    Motion to extend the time to file a response from March 4, 2026 to April 3, 2026, submitted to The Clerk.
  13. Jan 27 2026
    Motion to extend the time to file a response is granted and the time is further extended to and including March 4, 2026, for all respondents.
  14. Jan 23 2026
    Motion to extend the time to file a response from February 2, 2026 to March 4, 2026, submitted to The Clerk.
  15. Jan 02 2026
    Brief amici curiae of Former U.S. Attorney General Edwin Meese III, et al. filed.
  16. Dec 22 2025
    Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
  17. Dec 10 2025
    Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2026, for all respondents. (Docket entry updated 12/18/25)
  18. Dec 09 2025
    Motion to extend the time to file a response from January 2, 2026 to February 2, 2026, submitted to The Clerk.
  19. Nov 26 2025
    Petition for a writ of certiorari filed. (Response due January 2, 2026)