One of the most sweeping applications of the Supreme Court’s landmark case clipping the executive branch’s power took direct aim at Joe Biden’s pro-labor legacy. The ruling could foreshadow more to come, union leaders say.
The conservative 5th Circuit Court of Appeals has used its newly expanded power to interpret laws to knock down a 2021 Department of Labor rule limiting when employers can pay workers less than minimum wage.
“I think this case represents a very clean pattern for other conservative courts to follow,” administrative law scholar Craig Green told NOTUS. “Where there’s a very complicated, unclear statutory regime that the agency has basically administered for some period of time and decades and decades of it are chopped away, burned away.”