Fifth Circuit: How Long Before a Judge’s Silence Becomes a ‘No’?

A Schrödinger’s motion that has vexed habeas practitioners: How long must a motion for an injunction gather dust on a district judge's desk before it is "constructively denied," allowing the movant to appeal (here, Amazon seeking relief from some NLRB rulings)? Fifth Circuit: See, the thing is, it depends. Dissent: See, the thing is, it depends.

The case is Amazon.com v. National Labor Relations Board, No. 24-50761 (5th Cir. 2025).