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Tag:textualism

The Court’s “Major Questions Doctrine” Is a Canon of Deregulation — and Could Be Bad News for Labor

Jul 6, 2022 Tascha Shahriari-Parsa

Last week, in West Virginia v. EPA, the Court concluded that the Environmental Protection Agency (EPA) exceeded its authority under the Clean Air Act when it sought to regulate carbon dioxide emissions through a cap-and-trade system. West Virginia already has the damaging effect of severely limiting the EPA’s ability to “respond to the most pressing […]

GOP Senators Owe Judge Sung an Apology

Jan 19, 2022 Andrew Strom

In December, the Senate confirmed Jennifer Sung to a seat on the Ninth Circuit Court of Appeals by a 50-49 vote along party lines. Sung had been serving as one of the three members of the Oregon Employment Relations Board, a state agency that oversees labor relations in the public sector. During her four-year tenure […]

How Not to Read the OSH Act

Jan 19, 2022 Sachin S. Pandya

In staying OSHA’s COVID-19 emergency temporary standard, six U.S. Supreme Court Justices joined an opinion that the ETS was likely beyond OSHA’s authority under the Occupational Safety and Health Act of 1970. Here I’ll show you how the Court read the OSH Act in an embarrassingly flimsy way by flouting two basic rules for reading […]

Amy Coney Barrett and the Overconfidence and False Modesty of Textualism

Oct 23, 2020 Jenny Hunter

Last week’s confirmation hearings for Judge Amy Coney Barrett contained all the elements you probably put on your 2020 SCOTUS hearing bingo card, if you were in to that sort of thing. The Republican senators talked a lot about Judge Barrett’s seven children. The Democratic Senators talked about the life and death consequences if the […]

Opinion Summary: Bostock v. Clayton County

Jun 15, 2020 Leigh Thomas and Jared Odessky

Today, the Supreme Court held that Title VII prohibits workplace discrimination on the basis of sexual orientation and gender identity. The decision is an historic victory for LGBTQ advocates, arriving more than 45 years after the introduction of the first bill in Congress aimed at protecting LGBTQ workers. It also comes as the Trump administration […]

Untethered Textualism in the Seventh Circuit’s Kleber Ruling on Age Bias in Hiring

Mar 26, 2019 Samuel Estreicher

Textualism in statutory interpretation is a good thing because, as the late Justice Antonin Scalia repeatedly and wisely cautioned, legislators vote on text, not diffuse emanations of policy discernible only to (certain) judges and academics; in statutory cases the court’s ruling must be based on a reasonable interpretation of the text. But a judge can […]

Watch Out Workers, Here Comes Brett Kavanaugh

Jul 10, 2018 Andrew Strom

In 2010, a trainer at SeaWorld drowned when the killer whale she was working with during a performance “grabbed her and pulled her off the platform into the pool, refusing to release her.” The Occupational Safety and Health Administration (OSHA) investigated the incident and issued citations to SeaWorld for willfully exposing trainers to the recognized […]

OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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The Court’s “Major Questions Doctrine” Is a Canon of Deregulation — and Could Be Bad News for Labor

GOP Senators Owe Judge Sung an Apology

How Not to Read the OSH Act

Amy Coney Barrett and the Overconfidence and False Modesty of Textualism

Opinion Summary: Bostock v. Clayton County

Untethered Textualism in the Seventh Circuit’s Kleber Ruling on Age Bias in Hiring

Watch Out Workers, Here Comes Brett Kavanaugh