No. 25-627

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

Lower Court: Ninth Circuit
Docketed: 2025-12-02
Status: Pending
Type: Paid
Amici (2) Experienced Counsel
Tags: administrative-law circuit-split labor-board nlra pecuniary-damages unfair-labor-practice
Latest Conference: N/A
Question Presented (from Petition)

1. Whether an employer's practice that has no noted effect on employees' collective-bargaining rights and is not motivated by anti-union animus is inherently destructive of union rights and violates the National Labor Relations Act.

2. Whether the National Labor Relations Board has the statutory or constitutional authority to order employers to pay "any … direct or foreseeable pecuniary harms" their employees incur "as a result of" an unlawful labor practice.

Question Presented (AI Summary)

Whether the National Labor Relations Board has statutory or constitutional authority to order employers to pay pecuniary harms resulting from an alleged unfair labor practice

Docket Entries

2026-03-27
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.
2026-03-25
Motion to extend the time to file a response from April 3, 2026 to May 4, 2026, submitted to The Clerk.
2026-03-25
Motion of Federal Respondents for an extension of time submitted.
2026-02-27
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.
2026-02-24
Motion to extend the time to file a response from March 4, 2026 to April 3, 2026, submitted to The Clerk.
2026-02-24
Motion of Federal Respondents for an extension of time submitted.
2026-01-27
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.
2026-01-23
Motion of Federal Respondents for an extension of time submitted.
2026-01-23
Motion to extend the time to file a response from February 2, 2026 to March 4, 2026, submitted to The Clerk.
2026-01-02
Brief amici curiae of Former U.S. Attorney General Edwin Meese III, et al. filed.
2025-12-22
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
2025-12-10
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)
2025-12-10
Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2026.
2025-12-09
Motion to extend the time to file a response from January 2, 2026 to February 2, 2026, submitted to The Clerk.
2025-12-09
Motion of Federal Respondents for an extension of time submitted.
2025-11-26
Petition for a writ of certiorari filed. (Response due January 2, 2026)

Attorneys

Chamber of Commerce of the United States of America, et al.
Michael Edward Kenneally Jr.Morgan, Lewis & Bockius LLP, Amicus
Federal Respondent
D. John SauerSolicitor General, Respondent
Former U.S. Attorneys General Edwin Meese III and Michael B. Mukasey and Professors Steven G. Calabresi and Gary S. Lawson
Amit R. VoraKasowitz LLP, Amicus
International Union of Operating Engineers, Stationary Engineers, Local 39
David A. RosenfeldWeinberg, Roger & Rosenfeld, Respondent
Macy's Inc.
Paul D. ClementClement & Murphy, PLLC, Petitioner