Holden Hopkins is a student at Harvard Law School.
In today’s News & Commentary, New York looks to continue the antitrust fight and Trump’s anti-DEI orders are likely to prompt lawsuits.
New York lawmakers are pushing to overhaul the state’s century-old antitrust laws with a bill that would empower authorities and private actors to sue businesses abusing their market dominance. The legislation, introduced by State Senate Deputy Majority Leader Michael Gianaris, reflects former FTC Chair Lina Khan’s efforts to curb corporate monopolies and expand protections for workers and small businesses. The bill introduces an “abuse of dominance” standard, inspired by European models, allowing broader antitrust claims. It also proposes a comprehensive merger notification program to scrutinize labor market impacts, echoing federal initiatives.
Despite Senate approval last year, the bill faces resistance in the Assembly, where some lawmakers and business groups claim it may drive companies out of New York and raise consumer costs. Meanwhile, labor groups like ALIGN and unions such as the Teamsters strongly support the measure, citing its potential to counteract corporate exploitation.
President Trump has reignited his campaign against diversity, equity, and inclusion (DEI) initiatives with new executive orders targeting both federal agencies and private companies. Building on his 2020 order that restricted DEI training topics, his second-term directives seek to eliminate DEI programs in federal agencies and require private companies with federal contracts to certify their employment practices do not rely on race or sex-based preferences deemed biased. Legal experts and advocacy groups predict significant legal challenges, citing similarities to previous orders which courts partially blocked on First Amendment and due process grounds. However, other experts caution that the updated orders may be less vulnerable to free speech challenges, as they focus more on hiring practices than on training content.
Civil rights groups argue the measures are too broad, attacking lawful practices aimed at expanding workforce diversity. Meanwhile, legal precedents, such as rulings against Florida’s 2022 “Stop WOKE” law, provide a roadmap for opposing these policies. Courts have struck down similar measures on free speech grounds, but Trump’s authority over federal agencies may afford him more latitude. Still, pushback is expected, not only from litigation but also from organized labor groups determined to defend collective bargaining agreements and workplace protections.
Daily News & Commentary
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November 26
In today’s news and commentary, NLRB lawyers urge the 3rd Circuit to follow recent district court cases that declined to enjoin Board proceedings; the percentage of unemployed Americans with a college degree reaches its highest level since tracking began in 1992; and a member of the House proposes a bill that would require secret ballot […]
November 25
In today’s news and commentary, OSHA fines Taylor Foods, Santa Fe raises their living wage, and a date is set for a Senate committee to consider Trump’s NLRB nominee. OSHA has issued an approximately $1.1 million dollar fine to Taylor Farms New Jersey, a subsidiary of Taylor Fresh Foods, after identifying repeated and serious safety […]
November 24
Labor leaders criticize tariffs; White House cancels jobs report; and student organizers launch chaperone program for noncitizens.
November 23
Workers at the Southeastern Pennsylvania Transportation Authority vote to authorize a strike; Washington State legislators consider a bill empowering public employees to bargain over workplace AI implementation; and University of California workers engage in a two-day strike.
November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.
November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.