This post is part of OnLabor’s continuing analysis of National Labor Relations Board v. Murphy Oil USA.
Although opening briefs in the consolidated cases of Murphy Oil, Ernst & Young, and Epic Systems were due on April 28th, last week, the Supreme Court extended the briefing schedule following a request from the Acting Solicitor General. The due date for opening briefs is now June 9th. An article from the National Law Review suggests that the Justice Department might be reconsidering its stance in these cases. Writing to request an extension, the Acting Solicitor General stated, “‘[T]he current briefing schedule is no longer adequate for the government [because] . . . [t]he Acting Solicitor General is engaged in a process of reviewing the position of the United States in these cases’ and that he ‘must . . . consult with new leadership within the government.’”