Care One, LLC v. NLRB
Split Score
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Case Summary
Disposition
Affirmed
The Second Circuit affirmed the district court’s denial of a preliminary injunction sought by Care One, LLC and affiliated nursing-home operators to halt ongoing National Labor Relations Board proceedings. The court held that, regardless of the merits of Care One’s Appointments-Clause and dual-layer removal-protection challenges to the NLRB Administrative Law Judge, the plaintiffs failed to show a likelihood of irreparable harm because the ALJ proceedings have ended and the Board—now lawfully constituted—will review the case de novo.
Circuit Split Identified
Legal Issue
Whether dual, for-cause removal protections for agency Administrative Law Judges (and related questions of being subjected to proceedings before such ALJs) violate Article II and/or warrant preliminary injunctive relief.
Circuit Positions
Dual-layer for-cause removal protection for ALJs is unconstitutional and parties suffer irreparable harm once proceedings begin (injunctive relief appropriate).
Dual-layer removal protection for ALJs is not unconstitutional (or at least does not create irreparable harm warranting a preliminary injunction while agency review remains available).
Conflict Summary
The Fifth Circuit has held that ALJs insulated by two layers of for-cause removal protection likely violate the separation of powers and that parties forced to proceed before them suffer irreparable harm warranting injunctions. The Second Circuit (in this case) and several other circuits have rejected that view, concluding either that the protections are constitutional or, at minimum, that any asserted injury is not irreparable and can be remedied on direct review.