“Confirmed Judges, Confirmed Fears” is a blog series documenting the harmful impact of President Trump’s judges on Americans’ rights and liberties. It includes judges nominated in both his first and second terms.
What’s at stake in this case?
A hospital wanted to stop bargaining with a union concerning employee rights.
What happened in this case?
Trinity Health Grand Haven Hospital in Michigan decided it no longer wanted to recognize the union that had represented its employees and negotiated wage and other agreements. The National Labor Relations Board (NLRB) disagreed. Its regional director obtained a preliminary injunction from a federal district court requiring the hospital to continue bargaining with the union as administrative proceedings continued. Trinity took the case to the Sixth Circuit.
Trump judge Chad Readler, joined by Trump judge John Bush, wrote a 2-1 decision in May 2026 that reversed the district court injunction and allowed Trinity Health to stop dealing with the union on behalf of its employees. Reagan judge Danny Boggs dissented in Kerwin v Trinity Health Grand Haven Hospital.
What was the rationale of Trump judges Readler and Bush?
Readler’s opinion claimed that the NLRB regional director had failed to show the irreparable injury necessary to justify a preliminary injunction. According to Readler and Bush, the director did not submit or point to record evidence showing harm to employees or other injury to the union that could not be later remedied.
Why did Judge Boggs dissent?
Judge Boggs explained that the majority had mischaracterized the district court’s ruling. The lower court did not simply rely on a “presumption” that irreparable harm will result, he explained, but instead found “specific facts” showing that Trinity’s actions had already “diminished union support and altered the parties’ bargaining power,” and appropriately inferred that the union’s position “would continue to weaken” absent a preliminary injunction, so that a final order mandating union recognition “would prove futile.”
Why is the decision harmful?
The ruling by Trump judges Readler and Bush clearly harmed the rights of the hospital union and its employees by eliminating the lower court injunction requiring the hospital to bargain with them as the case moves forward, threatening irreparable injury. It also sets a troubling precedent concerning preliminary injunctions in such cases, particularly in the Sixth Circuit, which includes Ohio, Michigan, Kentucky and Tennessee. The decision also illustrates the importance of our federal courts to health, welfare and justice and the significance of having fair-minded judges on the federal bench.