Throwing Shade ≠ Issue Presentation
April 26, 2023United Natural Foods, Inc. v. NLRB, No. a seemingly dry dispute about whether NLRB’s general counsel could withdraw an unfair labor practice complaint, produced a spirited clash between majority and dissent about how the “party presentation” principle applied to the arguments advanced in that case (see United States v. Sineneng-Smith, 140 S.Ct. 1575 (2020)). No. 21-60532 (April 24, 2023).
Despite that clash, all panel members agreed that simply throwing shade at Chevron was insufficient to present an issue for appellate review:
