The constitutional and political battle over President Barack Obama’s recess appointments to the National Labor Relations Board has reached the U.S. Supreme Court in a case involving striking workers at nursing care facilities in Connecticut.

HealthBridge Management, represented by former George W. Bush-era Solicitor General Paul Clement of Bancroft, on Monday filed an emergency application with Justice Ruth Bader Ginsburg in which it seeks partial stay of a district court injunction ordering reinstatement of all striking workers pending its appeal to the U.S. Court of Appeals for the Second Circuit. In the alternative, the application states, the justices could consider the application as a petition for certiorari and a partial stay of the injunction pending resolution of the petition.