Philippa Marks is a student at Harvard Law School.
In today’s news and commentary, the Ninth Circuit holds that the First Amendment rights of a school district employee aren’t violated when their employer makes them remove books expressing traditional views on gender identity, and a leading demographer warns that the U.S. labor market may face a severe labor shortage in the next decade.
On Tuesday, a majority of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit held that the First Amendment rights of a fired school district employee in Oregon weren’t violated when his employer, the InterMountain Education Service District, made him remove books that expressed traditional views on gender identity in his office. The Ninth Circuit affirmed the district court’s order that denied the employee, Roderick Theis II, a preliminary injunction allowing him to continue displaying books. Theis displayed books including the titles “He is He” and “She is She” which conveyed themes that gender is binary and cannot be changed. The Ninth Circuit rejected Theis’s argument that his conduct was protected by the Constitution, writing that his conduct fell “outside the First Amendment’s ambit” because Theis displayed the books in a setting where he met with students to carry out his duties as an education specialist and his speech could not be meaningfully separated from his responsibilities.
Next, on Monday, Professor Steven Ruggles was reported as saying that the demand for young workers was going to “explode” over the next 10 to 15 years, leading to a severe labor shortage. Ruggles, a professor of history at the University of Minnesota and leading demographer, told CBS News that a wave of baby boomer retirements will coincide with smaller cohorts of young people entering the labor market, resulting in a smaller overall workforce. This could lead to an unprecedented situation where more workers leave the American workforce than enter it. According to Ruggles, “some people think AI is going to take away all jobs. But there are going to be very few people who are searching for jobs, relative to the size of the economy.” Ruggles’s demographic analysis offers a counterpoint to fears that AI will erode the job market: the coming shortage, he argues, will be of workers, not of work.
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July 23
Ninth Circuit affirms ban of transphobic books in school; leading demographer warns of impending labor shortage.
July 22
EDNY strikes down state labor board law; D.C. Circuit applies Loper Bright to NLRB; Joint employer bill reaches the House floor.
July 21
Fifth Circuit transfers an Anheuser-Busch NLRB case to the Eleventh Circuit; a new report makes the case for tripling union membership.
July 20
New York City weighs banning horse carriages despite union opposition; public defenders go on strike; cinema workers stage walkout.
July 17
Canadian wildfires endanger rail workers; 26 Meta employees allege targeted layoffs for those on paid leave; FIFPRO pushes for more rigorous heat protections for players.
July 16
Trump's NLRB nominee set for Senate vote, federal district court grants partial win on WARN Act claims, Brigham and Women's nurses return to work.