
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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September 14
Workers at Boeing reject the company’s third contract proposal; NLRB Acting General Counsel William Cohen plans to sue New York over the state’s trigger bill; Air Canada flight attendants reject a tentative contract.
September 12
Zohran Mamdani calls on FIFA to end dynamic pricing for the World Cup; the San Francisco Office of Labor Standards Enforcement opens a probe into Scale AI’s labor practices; and union members organize immigration defense trainings.
September 11
California rideshare deal advances; Boeing reaches tentative agreement with union; FTC scrutinizes healthcare noncompetes.
September 10
A federal judge denies a motion by the Trump Administration to dismiss a lawsuit led by the American Federation of Government Employees against President Trump for his mass layoffs of federal workers; the Supreme Court grants a stay on a federal district court order that originally barred ICE agents from questioning and detaining individuals based on their presence at a particular location, the type of work they do, their race or ethnicity, and their accent while speaking English or Spanish; and a hospital seeks to limit OSHA's ability to cite employers for failing to halt workplace violence without a specific regulation in place.
September 9
Ninth Circuit revives Trader Joe’s lawsuit against employee union; new bill aims to make striking workers eligible for benefits; university lecturer who praised Hitler gets another chance at First Amendment claims.
September 8
DC Circuit to rule on deference to NLRB, more vaccine exemption cases, Senate considers ban on forced arbitration for age discrimination claims.