‘I’ll Take That As A Compliment’: Justice Kagan Shares Laugh With Lawyer During Starbucks Union Case

5 months ago

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Transcript

00:00So when you said the normal process, so it's just a traditional four-factor test applied normally

00:07That's what you want. Yes. I hope I didn't that's not a trick question. Yeah, no

00:14It's it's supposed to be a clarifying question

00:18Yeah, four factors with no deference and to please make sure maybe I'll take that as a compliment

00:24that you think I'm that crafty, but really I

00:27I

00:28think we definitely need a reversal with the four answers and and just on on the

00:35On this on the irreparable harm part you say in your reply brief that under that four-factor test applied normally

00:44The court is supposed to decide whether delay is going to frustrate

00:47I'm using your words frustrate the board's ability to remedy the alleged unfair labor practices

00:52So you have no problem with that right as long as it's it's actually irreparable like there's some so let me just see if

00:58I can try to be very you know help here chill

01:01Can't be chill can be irreparable, but it has to be chilled from something

01:05That's about to happen an event that can't be unscrambled and so when we talk about the board's remedial factors

01:10It can't be faith in workplace democracy. It has to be there's there's an event

01:14There's an election that they've actually you know barricaded the store and employees can't get in to vote unless we get this injunction

01:20You can't recreate the condition, so that's all we're talking about and there the board's remedial power is being frustrated

01:27And there's a reputable harm, but all the more reason you've you know balance of the equities

01:31It may be that the employer had to shut down the store because it's not making money and on the equities and the public interest

01:37I mean, I think also in your brief you acknowledged that when

01:42the

01:44Statute like this is involved and public interests are involved a court is supposed to take that into account in a way

01:50That's different from what it might in a statute between private parties

01:54Excuse me in a case between private parties with only private interests

01:58I think that's correct because by definition the public interest is broader than a breach of contract

02:03And if you have you know the environment or or I don't know voting rights

02:08There's public interest, but the case that this originates and in the Oakland Cannabis in the Virginia railway

02:13It's public interest has deliberately expressed in legislation

02:16So where the court has been on public interest is saying district courts can't reach out

02:20The confines of the statute either in going too far or too little and that's that I think does go to public interest

02:27But I do think our point is this public interest wasn't even

02:31referenced below except for the district court saying there's a public interest in the statute is that if there's not

02:38Showing under all three factors the public interest is not served by you know putting a scarlet letter on an employer and having them just

02:45Live under injunction that they violated the act based on a non-frivolous legal theory

02:49With not even their side of the evidence being heard that is very damaging to the public interest

‘I’ll Take That As A Compliment’: Justice Kagan Shares Laugh With Lawyer During Starbucks Union Case

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