
Meredith Gudesblatt is a student at Harvard Law School and a member of the Labor and Employment Lab.
In today’s News and Commentary, the Supreme Court hears oral arguments in Trump v. Casa Inc., a workers’ rights attorney announces a run for Colorado Attorney General, and Sesame Street has officially unionized.
Yesterday, the Supreme Court heard oral arguments in Trump v. Casa, Inc., a case which will likely reverberate widely. Though the justices may indeed rule on the underlying merits of the case (the Trump Administration’s attack on the Fourteenth Amendment’s guarantee of birthright citizenship for all), the immediate question concerns a technical but no less important dispute: in what circumstances may a district court judge block a policy nationwide? District court judges have issued universal injunctions over the years to block pro-worker regulations, such as the Federal Trade Commission’s ban on noncompete agreements and the Department of Labor’s persuader rule. But as much as advocates may wish to be rid of or even limit these injunctions, Justice Jackson astutely noted that the government’s position—universal injunctions violate Article III by granting relief beyond the specific parties involved in a “case” or “controversy”— creates a “‘catch me if you can’ kind of regime . . . where everybody has to have a lawyer and file a lawsuit in order for the government to stop violating people’s rights.” It remains to be seen whether these injunctions will survive in their current form, as no clear consensus emerged amongst the Justices.
Earlier this week, David Seligman, a public interest lawyer and champion of labor and workers’ rights, announced that he is running for Colorado Attorney General. Seligman is the executive director of the Denver-based nonprofit Towards Justice, where he has worked to advance economic justice in the workplace and beyond. His clients have included Amazon delivery drivers forced to pee in bottles while working because they were denied bathroom breaks, workers who make minimum wage at $2,000/night Aspen hotels but are forced to pay their employers half their wages in “rent,” and immigrants who work in dangerous conditions for the world’s largest meatpacker. Seligman has vowed to continue this work and take on political corruption and corporate greed. Though Seligman joins a crowded primary field of established politicians for the office held by the term-limited incumbent Democratic Attorney General Phil Weiser, who is running for governor, he has already received endorsements from progressive lawmakers in Colorado. And in the twenty-four hours after his campaign launched, he raised over $250,000—more than any state-level candidate in Colorado history has raised in a single day.
As of yesterday, Sesame Street is officially unionized! On March 4th, the workers at Sesame Workshop, the nonprofit behind Sesame Street, took their unionization efforts public. They asked for voluntary recognition of their union—more than 200 employees had signed authorization cards. But the next day, the CEO announced widespread layoffs. On April 23rd, employees voted overwhelmingly to form a union with the Office and Professional Employees International Union (OPEIU) Local 153. Yesterday, the NLRB approved the final vote count 55-19 (74%). As labor journalist Kim Kelly posted on Bluesky “we can officially say that today, May 15th, is brought to you by the letter U!”
Daily News & Commentary
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June 6
In today’s news and commentary, Governor Jared Polis directs Colorado’s labor agency to share information with ICE; and the Supreme Court issues two unanimous rulings including exempting a Catholic charity from paying unemployment compensation taxes and striking down the heightened standard for plaintiffs belonging to a majority group to prove a Title VII employment discrimination […]
June 5
Nail technicians challenge California classification; oral arguments in challenge to LGBTQ hiring protections; judge blocks Job Corps shutdown.
June 4
Federal agencies violate federal court order pausing mass layoffs; Walmart terminates some jobs in Florida following Supreme Court rulings on the legal status of migrants; and LA firefighters receive a $9.5 million settlement for failure to pay firefighters during shift changes.
June 3
Federal judge blocks Trump's attack on TSA collective bargaining rights; NLRB argues that Grindr's Return-to-Office policy was union busting; International Trade Union Confederation report highlights global decline in workers' rights.
June 2
Proposed budgets for DOL and NLRB show cuts on the horizon; Oregon law requiring LPAs in cannabis dispensaries struck down.
June 1
In today’s news and commentary, the Ninth Circuit upholds a preliminary injunction against the Trump Administration, a federal judge vacates parts of the EEOC’s pregnancy accommodation rules, and video game workers reach a tentative agreement with Microsoft. In a 2-1 decision issued on Friday, the Ninth Circuit upheld a preliminary injunction against the Trump Administration […]