Ethan Story is a student at Harvard Law School.
In today’s news and commentary, recent Democratic gains in Congress dim the prospects for the Protect College Sports Act, while IBEW comes out in support of the Bipartisan American Affordability and Jobs Act.
The Democratic gains in Congress that could open the door to more pro-worker legislation may also spell the end of the Protect College Sports Act (PCSA). As I covered several weeks ago, the PCSA promised a complete overhaul of college sports, touching everything from the transfer portal to the size of athletic conferences. However, though it passed the Senate with 77 votes and is sponsored by a bipartisan team of Sens. Ted Cruz (R-TX) and Maria Cantwell (D-WA), the PCSA’s prospects have dimmed considerably. Democrats now have little incentive to help pass the bill before taking control of Congress in January, especially given that the Congressional Black Caucus and labor groups are concerned that the PCSA would unduly restrict athletes’ rights. While Republicans could theoretically pass the bill without any support from Democrats, divisions within the party and uncertainty over whether defeated members will return to the Capitol complicate any such path. Supporters may try to attach the PCSA to must-pass government funding or defense legislation, but any amendments would require another vote in the Senate. If those efforts fail, lawmakers would have to start over next Congress. As Colorado State political science professor Kyle Saunders put it: “I had [the PCSA passing] at about 25-30 percent in October. I’m moving it to 5 to 10 percent for some version of the PCSA passing this Congress.”
The International Brotherhood of Electrical Workers (IBEW) is urging Congress to pass the Bipartisan American Affordability and Jobs Act (BAAJA) during the lame-duck session, even as Democrats’ incoming majorities have prompted some lawmakers to push for a better deal next year. In a statement Friday, IBEW President Kenneth Cooper described permitting reform as “essential to meeting the nation’s infrastructure, energy, and affordability goals,” arguing that project delays and suspensions “mean lost work for IBEW members and higher costs for families.” Negotiated by Republican Sens. Shelley Moore Capito and Mike Lee and Democratic Sens. Sheldon Whitehouse and Martin Heinrich, the bill would set firmer permitting deadlines, shorten the window for legal challenges, and restrict agencies’ ability to revoke valid permits. It would also require regional and interregional transmission planning and make large new data centers responsible for the costs of infrastructure built to serve them. Despite bipartisan support, some environmental groups oppose the proposal, arguing that it would weaken environmental protections and limit communities’ ability to challenge harmful projects in court. With a new Democratic majority taking office in January, some progressive lawmakers are pushing to wait until the new year to pass a more ambitious and climate-focused package. In contrast, BAAJA’s Democratic negotiators insist on acting now: “A good permitting bill comes together over years of complex negotiations… It’s a bird in the hand. We’d be fools not to take it.”
Daily News & Commentary
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November 10
The White House nominates new EEOC and FTC commissioners; casino workers at Encore Boston Harbor ratify a new contract ending a two-month strike.
November 9
Democratic gains in Congress likely spell the end of the Protect College Sports Act; IBEW endorses the Bipartisan American Affordability and Jobs Act.
November 8
Democratic midterm victories at the federal and state level create legislative opportunities for workers and unions.
November 6
Transport Workers Union denounces Amtrak’s new policy permitting passengers to carry guns onboard; Texas Democrat wins offer hope for labor in the state.
November 5
ALJ finds cannabis workers fired for union activity; NY warehouse workers’ overtime claims advance; MLB and MLBPA continue clash over proposed salary cap.
November 4
Ninth Circuit revives cannabis retailer’s labor-law challenge and blocks California captive-audience law; NLRB names new solicitor.