NCLA filed an amicus curiae brief at the Supreme Court in Starbucks Corp. v. McKinney, a case challenging a deferential legal standard that allows the National Labor Relations Board to enjoin a company’s conduct without showing that it likely broke the law. NLRB can initiate an administrative enforcement proceeding and then obtain a preliminary injunction in federal district court just by demonstrating that (1) its claims are not frivolous, and (2) those claims serve NLRB’s remedial purposes.

The Sixth Circuit upheld the injunction due to prior circuit precedent. NCLA’s brief asks the Supreme Court to reject this textually baseless test, reverse the Sixth Circuit’s ruling, and require NLRB to satisfy the same injunction standard as every other litigant.

Mark and Vec discuss Starbucks Corp. v. McKinney and NCLA’s corresponding amicus brief.