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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December 12
OH vetoes bill weakening child labor protections; UT repeals public-sector bargaining ban; SCOTUS takes up case on post-arbitration award jurisdiction
December 11
House forces a vote on the “Protect America’s Workforce Act;” arguments on Trump’s executive order nullifying collective bargaining rights; and Penn State file a petition to form a union.
December 8
Private payrolls fall; NYC Council overrides mayoral veto on pay data; workers sue Starbucks.
December 7
Philadelphia transit workers indicate that a strike is imminent; a federal judge temporarily blocks State Department layoffs; and Virginia lawmakers consider legislation to repeal the state’s “right to work” law.
December 5
Netflix set to acquire Warner Bros., Gen Z men are the most pro-union generation in history, and lawmakers introduce the “No Robot Bosses Act.”
December 4
Unionized journalists win arbitration concerning AI, Starbucks challenges two NLRB rulings in the Fifth Circuit, and Philadelphia transit workers resume contract negotiations.