Tomorrow the Supreme Courtroom will hear oral argument in Starbucks Corp. v. McKinney. Learn extra on this piece at ScotusBlog by Ronald Mann. The query issues the usual for injunctions sought by the NLRB.
Here’s a observe from the forthcoming version of Ames, Chafee, and Re on Cures, my casebook with Emily Sherwin:
NOTE ON GOVERNMENT PLAINTIFFS IN EQUITY
Does it matter that the plaintiff is the federal government? Or do the identical equitable powers and limitations apply? Cf. Nationwide Labor Relations Board. v. P*I*E Nationwide, Inc., 894 F.2nd 887, 893 (seventh Cir. 1990) (Posner, J.): “The issuance of an injunction is the exercise of an equitable power, and is subject to the equitable constraints that have evolved over centuries in recognition of the heavy costs that injunctions can impose (including costs to innocent third parties) and the potential severities of contempt. . . . The principles of equitable jurisprudence are not suspended merely because a government agency is the plaintiff.”