Supreme Court stays out of Obama recess appointments
ReutersWASHINGTON -- The U.S. Supreme Court on Wednesday denied a nursing home operator's emergency stay application that sought to seize upon legal confusion over President Barack Obama's appointments to the National Labor Relations Board.
February 8, 2013, 4:27 pm TWN
The court order stated the application had been denied. It offered no further explanation.
HealthBridge Management LLC had wanted the court to stay a federal district court's preliminary injunction issued in December that required the company, which operates nursing homes in Connecticut, to reinstate striking workers while the National Labor Relations Board (NLRB) considers the employees' complaint.
The almost 700 workers have cited unfair labor practices at HealthBridge-managed facilities.
HealthBridge first filed its request on Monday with Justice Ruth Bader Ginsburg but she rejected it, without comment, within hours. The company's lawyers then asked Justice Antonin Scalia to consider the application, which the company could do under court procedures.
Wednesday's order said Scalia referred the matter to the full nine-member court. The order said one of the nine, Justice Samuel Alito, had not participated. The court does not say why justices stay out of certain cases, but in this instance it is likely because Alito's sister Rosemary was one of the lawyers representing HealthBridge.