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Nexstar Media Inc., Authorized to Operate Television Station WROC-TV v. National Labor Relations Board

Paid petition · United States Court of Appeals for the Second Circuit, No. 24-2818 · judgment June 30, 2026


4%
estimated cert probability
(petition-stage, structural)
Rule 10: circuit split argued

Roughly the 4.1% base rate. The model weights this up for a circuit split argued in the petition, a Second Circuit decision below, and a business petitioner, and down for a petition of 3,000 to 6,000 words.

Questions presented

  1. W hether the Second Circuit’s deferential approach causes a circuit split with an Eighth Circuit decision addressing the same legal issue?

  2. Whether the Second Circuit erred in declining to apply Loper Bright Enter. v. Raimondo, 603 U.S. 369

  3. and not conducting non-deferential de novo review of the Board’s legal conclusions?

Counsel of record

For petitioner
Steven B. Katz
Constangy, Brooks, Smith & Prophete LLP

For respondent
D. John Sauer
Solicitor General

Case

Conference history
—

Proceedings

  1. Sep 28 2026
    Petition for a writ of certiorari filed. (Response due November 2, 2026)