No “effective denial” of preliminary-injunction application.

In SpaceX v. NLRB, the Fifth Circuit held that the district court did not “effectively deny” SpaceX’s motion for a preliminary injunction (so interlocutory appeal under 28 U.S.C. § 1292(a)(1) was not allowed). The Court noted:

• SpaceX’s alleged harm—having to participate in an administrative teleconference—was not a “serious, perhaps irreparable, consequence,” and cited precedent that “defending charges brought by an agency does not constitute a ‘serious, perhaps irreparable, consequence’”—especially when SpaceX had previously participated in two similar teleconferences.
• SpaceX did not request expedited briefing until April 26, asking for a ruling “no later than May 2, 2024,” despite the motion being fully briefed since February 12, and then noticed its appeal just two days before its self-imposed deadline.
• SpaceX chose to make repeated challenges to a transfer order and requested its reconsideration, which also affected the timing of the injunction proceeding.

No. 24-40315, Mar. 5, 2025