Gurtaran Johal is a student at Harvard Law School.
In today’s news and commentary, a federal judge from the Northern District of California 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 Immigration and Customs Enforcement (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 the Occupational Safety and Health Administration’s (OSHA) ability to cite employers for failing to halt workplace violence without a specific regulation in place.
Bloomberg Law reports that Judge Susan Illston of the U.S. District Court for the Northern District of California denied the Trump Administration’s motion to dismiss a complaint that the American Federation of Government Employees filed, which claimed that the administration’s Executive Order 14210, which focuses on reducing and reorganizing the federal workforce, “usurps” Congressional authority, violates the Administrative Procedure Act (APA), and is arbitrary and capricious. Judge Illston held that although the plaintiffs’ claims against the Department of Government Efficiency (DOGE) are sufficient to survive a motion to dismiss, the plaintiffs must adequately identify the exact DOGE service if the claims are to move forward. Illston also reaffirmed that the court has jurisdiction over the claims.
Meanwhile, in Noem v. Vasquez Perdomo, the Supreme Court granted a stay temporarily halting a decision in the U.S. District Court for the Central District of California that barred ICE agents from detaining people based on their presence at a particular location, their occupation, their race or ethnicity, and their accent while speaking English or Spanish. In his concurrence, Justice Brett Kavanaugh noted that while “apparent ethnicity alone cannot furnish reasonable suspicion,” it “can be a ‘relevant factor’ when considered with other salient factors.” Justice Sotomayor, along with Justice Kagan and Justice Jackson, dissented, writing, “We should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job.” This decision, although not setting a nationwide precedent, will have significant effects on personal freedoms and immigration-related measures taken in the United States. Members of the Trump administration quickly hailed the decision as a major victory for the “safety and security of the American people.”
Lastly, Cedar Springs Hospital Inc., a behavioral health center in Colorado Springs, Colorado, is seeking to limit OSHA’s ability to cite employers for failing to halt workplace violence absent an explicitly outlined regulation. OSHA conducted an investigation on Cedar Springs Hospital and found that although its staff experienced physical assaults by patients, the hospital failed to provide worker violence protection. The U.S. Court of Appeals for the Tenth Circuit will question whether the Occupational Safety and Health (OSH) Act grants OSHA this broad authority to cite employers for failing to meet safety measures without an explicit regulation.
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June 29
In today’s News and Commentary, student-athletes file a class action suit challenging the NCAA’s new Age-Based Rule, a federal judge declines to issue a preliminary injunction against FEMA’s reduction in force but expedites proceedings, and Gavin Newsom opposes California’s proposed billionaire tax in favor of a federal approach. On Thursday, DeJuan Campbell, at basketball player […]
June 28
Philadelphia utility workers announce July 4 strike; national parks workers vote to unionize; Michigan considers “right to disconnect” bill.
June 26
Mamdani issues workplace heat protections order; Fifth Circuit denies enforcement of NLRB order against Starbucks; AFGE unlikely to secure injunction against FEMA layoffs.
June 25
NLRB orders Amazon to bargain with workers; federal judge blocks ICE agents from making arrests in courthouses.
June 24
NYC primary vies for union support; NLRB ruling tees up Cemex challenge; Sixth Circuit deals blow to NLRB policymaking.
June 23
The Supreme Court declines review of a taxpayer lawsuit against a teacher union's paid leave policy; Congressional Democrats oppose Labor Department's proposed joint employer rule.