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Emergency application

Union recognition rules

CEMEx Construction Materials Pacific, LLC v. National Labor Relations Board

Denied
No. 26A118Stay applicationFiled by a private partyPresented to Justice KaganFrom United States Court of Appeals for the Ninth Circuit

What did the Court do?

The Court denied the request on September 4, 2026: the lower court's ruling stays in effect while the appeal continues.

Emergency rulings are temporary and do not decide the underlying case.

Filed Ruled 43 days after filing

What's being asked

CEMEX, a building-materials company, asks the Court to pause the Ninth Circuit's mandate, the order making its ruling effective, while seeking Supreme Court review. The Ninth Circuit rejected CEMEX's challenge to a National Labor Relations Board decision involving the Teamsters union; the record does not explain the dispute.

What the Court did

The Court refused CEMEX's request to pause the Ninth Circuit's mandate and denied the application (turned it down). The order does not decide who wins the underlying dispute; the Court did not publish how the justices voted.

Vote not published · 9the order does not say how they voted
  1. Roberts
  2. Thomas
  3. Alito
  4. Sotomayor
  5. Kagan
  6. Gorsuch
  7. Kavanaugh
  8. Barrett
  9. Jackson
The order does not say how any justice voted, as is usual on the emergency docket.
Half of 282 rulings on applications decided without a response came 8 to 30 days after filing, and the median was 14 days; this one was ruled on 43 days after filing.

What it means

This emergency ruling concerns only a temporary pause of the Ninth Circuit's mandate, not who wins the underlying dispute. The Ninth Circuit's ruling remains in effect; no related Supreme Court case or argument is listed.

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 26A118. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 18, 2026