Latest / Bloomberg Law / Trump Takes Aim at DEI Programs
Transcript
- 0:02Speaker 1: This is Bloomberg Law with June Grossel from Bloomberg Radio.
- 0:08Speaker 2: I will also end the government policy of trying to
- 0:12Speaker 2: socially engineer race and gender into every aspect of public
- 0:17Speaker 2: and private life.
- 0:18Speaker 3: And in sweeping executive orders. On Monday, President Donald Trump
- 0:23Speaker 3: ended diversity, equity and inclusion programs throughout the federal government,
- 0:28Speaker 3: and in an attempt to end DEI policies in the
- 0:31Speaker 3: private sector, he directed agencies to drop lists of private
- 0:35Speaker 3: sector companies to investigate over their DEI policies. He also
- 0:40Speaker 3: issued an executive order to end what he's called transgender lunacy.
- 0:45Speaker 2: It will henceforth be the official policy of the United
- 0:48Speaker 2: States government that there are only two genders, male and female.
- 0:54Speaker 3: Legal and advocacy groups condemned the orders, which will likely
- 0:58Speaker 3: be challenged in court. Joining me is Niche Verma, a
- 1:02Speaker 3: labor and employment litigation partner at Dorsey and Whitney. Nishe
- 1:06Speaker 3: he signed three executive orders relating to DEI. Start by
- 1:10Speaker 3: telling us about the first one, which has to do
- 1:13Speaker 3: with the federal government.
- 1:15Speaker 1: I would say the three orders put together are primarily
- 1:19Speaker 1: based on the federal government, which he of course has
- 1:23Speaker 1: a significant amount of control over. But then there's bleedover
- 1:26Speaker 1: and express regulations around private sector as well. So starting
- 1:30Speaker 1: with the I think most obvious within his purview, order
- 1:34Speaker 1: to dismantle DEI programs, the order is essentially just saying
- 1:40Speaker 1: that these programs are creating discrimination in the federal workplace,
- 1:44Speaker 1: harming the federal workplace, and therefore need to be removed.
- 1:48Speaker 1: And so there is a mandate, as you've seen, that
- 1:51Speaker 1: all individuals who are said to be in those roles
- 1:55Speaker 1: are to be put on paid leave I believe till
- 1:57Speaker 1: the end of the month and then terminated. Is interesting
- 2:01Speaker 1: in and of itself because there's no question as to
- 2:03Speaker 1: whether there's another job these people could be doing, and
- 2:06Speaker 1: that is something that their unions or any other advocate
- 2:10Speaker 1: for them would want to be asking. I think in
- 2:13Speaker 1: that aspect, it appears these people are being punished for
- 2:17Speaker 1: working in the DEI space in the federal government such
- 2:22Speaker 1: that they must lose their jobs, even if there is
- 2:25Speaker 1: something else they could be doing given their skills.
- 2:28Speaker 3: Let's say that there's no other position that they could take.
- 2:31Speaker 3: Is the government allowed to fire them or are their
- 2:34Speaker 3: protections for these workers?
- 2:36Speaker 1: Very many of these workers could be in any union, and
- 2:39Speaker 1: if so, they would have layoff provisions in that CBA,
- 2:42Speaker 1: and there would be just cause provisions in that CBA,
- 2:44Speaker 1: and so those unions would be reviewing those provisions to
- 2:48Speaker 1: see whether they can file agrievance and challenge the terminations.
- 2:52Speaker 1: There may be others that were like your guests on
- 2:55Speaker 1: yesterday's show, was indicating that whose job was always at
- 2:58Speaker 1: the pleasure of the administ station and we're always able
- 3:01Speaker 1: to be terminated at will, and that wouldn't change today.
- 3:04Speaker 1: There may be another bucket of people who, due to
- 3:07Speaker 1: the change to schedule s which took away some of
- 3:12Speaker 1: those protections for the civil workforce, could now be terminated
- 3:16Speaker 1: where that would not have been enough before.
- 3:19Speaker 3: And I found this a bit odd. Secretary of State
- 3:23Speaker 3: Marco Rubio, in a memo Warren state Department officials that
- 3:27Speaker 3: they'll have to face adverse consequences if they failed to
- 3:31Speaker 3: report on colleagues who've concealed or obscured existing DEI programs
- 3:37Speaker 3: at the department. So he's asking them to let me
- 3:40Speaker 3: use the legal term rat on their colleagues.
- 3:44Speaker 1: So the same order we're talking about, I'll go ahead
- 3:46Speaker 1: and say the name, which is ending radical and wasteful
- 3:50Speaker 1: government DEI programs and preferencing. So in that order, in
- 3:54Speaker 1: addition to the mandate that those programs be cut, those
- 3:59Speaker 1: people be fired, there is a request that anybody who
- 4:04Speaker 1: could be engaging in that sort of work but might
- 4:09Speaker 1: have a coded or ambiguous name that I would suppose
- 4:14Speaker 1: conceals that they're engaging in that kind of work needs
- 4:16Speaker 1: to be essentially brought forward so they can't hide and
- 4:21Speaker 1: engage in these diversity supporting activities continuing to be in
- 4:24Speaker 1: the government.
- 4:25Speaker 3: He also revoked decades of executive orders, including the landmark
- 4:31Speaker 3: executive Order signed by President Lyndon Johnson in sixty five
- 4:35Speaker 3: to prevent discrimination in government employment and advance racial equality.
- 4:41Speaker 3: Is that historic?
- 4:43Speaker 1: It's very historic. Just as that original order in nineteen
- 4:46Speaker 1: sixty five was historic. This is as well. There's an
- 4:49Speaker 1: entire federal agency that has been built around monitoring compliance
- 4:54Speaker 1: with this order. The way that federal contractors engage with
- 4:58Speaker 1: the federal government INCLU foods understanding that they have an
- 5:02Speaker 1: obligation to prohibit discrimination in the workplace. And of course,
- 5:08Speaker 1: the original order has the word affirmative action, which is
- 5:11Speaker 1: where we get these requirements that federal contractors can't just say, hey,
- 5:15Speaker 1: we don't allow discrimination. They have to find ways to
- 5:17Speaker 1: show that. And the most important thing to understand is
- 5:21Speaker 1: when we talk about a change in presidential administrations, we
- 5:23Speaker 1: talk about, oh, deregulation. This is going to make things
- 5:26Speaker 1: easier for employers because there was this thick packet of
- 5:29Speaker 1: regulations that they had to pour through and now they
- 5:32Speaker 1: can just put it on the shelf and forget about
- 5:34Speaker 1: it because they can do what they want. That's not
- 5:36Speaker 1: this order. This order is not just taking away those
- 5:40Speaker 1: affirmative action regulations. It is replacing them with new regulations
- 5:45Speaker 1: that are essentially letting employers know, hey, we are watching you.
- 5:50Speaker 1: If you, as a federal contractor, are engaging in any
- 5:54Speaker 1: sort of activity that could be seen as balancing your
- 5:58Speaker 1: workforce based on race, sects, etc. Then not only could
- 6:04Speaker 1: you lose your federal contract, you could be sanctioned and
- 6:07Speaker 1: potentially be subject to the False Claims Act. So this
- 6:10Speaker 1: isn't one of those actions that employers like to see
- 6:14Speaker 1: where they can put aside the regulations and just start
- 6:18Speaker 1: focusing on their core business. This is an onerous burden
- 6:21Speaker 1: on those employers. Some of them might say that have
- 6:24Speaker 1: to make sure that they're in line with what the
- 6:26Speaker 1: President wants here in order to continue to be considered
- 6:29Speaker 1: for federal contracting, and they have to do that pretty quickly.
- 6:34Speaker 1: They only have ninety days to go from the old
- 6:36Speaker 1: rules to the new rules. Whereas so much of their
- 6:39Speaker 1: procurement policies, some of the vendors and consultants they use,
- 6:43Speaker 1: may have been based on the longstanding Lyndon Johnson Executive Order,
- 6:47Speaker 1: which of course requires action to ensure that you're not
- 6:52Speaker 1: engaging in race discrimination. Now there's an expectation that you
- 6:56Speaker 1: show us that you are disregarding race focus on it
- 7:00Speaker 1: will be punished, and.
- 7:02Speaker 3: One of the orders will affect companies in the private sector.
- 7:06Speaker 3: It requires each federal agency to identify up to nine
- 7:11Speaker 3: potential civil compliance investigations of private sector entities, including publicly
- 7:17Speaker 3: traded corporations, nonprofits and foundations, state and local bar and
- 7:22Speaker 3: medical associations, and institutes of higher education. So every federal
- 7:28Speaker 3: agency is now going to be investigating private companies for
- 7:32Speaker 3: DEI violations.
- 7:35Speaker 1: It looks like every single agency, So I read that
- 7:38Speaker 1: as being obviously the EEOC, but also something that would
- 7:42Speaker 1: not come to mind immediately, like the EPA needs to
- 7:46Speaker 1: make sure that they're holding the private sector responsible to
- 7:49Speaker 1: end DEI priority. And yeah, it absolutely says the heads
- 7:54Speaker 1: of all agencies need to assist with that. And it's
- 7:57Speaker 1: also asking the Attorney General to come up with the
- 8:00Speaker 1: kind of report that you're mentioning, and that would be
- 8:03Speaker 1: quite a bit of companies, and it does not really
- 8:06Speaker 1: state the criteria for identifying that company. But I think
- 8:09Speaker 1: the most interesting thing for employers is this is not
- 8:11Speaker 1: an example of deregulation that makes it easier to do
- 8:16Speaker 1: one's job and engage with one's employees outside of the
- 8:20Speaker 1: purview of the federal government. This is a good example
- 8:23Speaker 1: of the federal government injecting itself into those relations. It
- 8:26Speaker 1: really is a we're watching you message.
- 8:28Speaker 3: Yeah. The Attorney General has one hundred and twenty days
- 8:31Speaker 3: to submit a report with enforcement recommendations, including potential litigation
- 8:36Speaker 3: or regulatory action. The order refers to illegal DEI discrimination
- 8:43Speaker 3: and preferences what's the basis for calling it illegal?
- 8:47Speaker 1: This in combined with the recent statements by the new
- 8:51Speaker 1: acting chair of the EEOC, and I would say the
- 8:54Speaker 1: other executive order on transgender employees that I'm sure we'll
- 8:58Speaker 1: get to in a minute, all poll appear to be
- 9:01Speaker 1: taking the position that in the employment context, where Title
- 9:04Speaker 1: seven governs and prohibits discrimination, a DEI program that supports
- 9:10Speaker 1: the advancement of certain employees of color, for example, would
- 9:14Speaker 1: violate Title seven. That is a possible way to read
- 9:18Speaker 1: all of these orders because there is a consistent reference
- 9:21Speaker 1: to DEI as being illegal in the employment context, and
- 9:24Speaker 1: the most relevant law in that context is Title seven, which,
- 9:28Speaker 1: of course the EEOC is tasked with enforcing.
- 9:31Speaker 3: What do you think will happen at the EEOC? Will
- 9:33Speaker 3: they change what they've been doing?
- 9:36Speaker 1: I believe very quickly.
- 9:38Speaker 3: So.
- 9:38Speaker 1: The acting Chair has already her name is Andrea Lucas,
- 9:42Speaker 1: and she has already issued a statement indicating what the
- 9:45Speaker 1: eeoc's priorities are, and the number one priority is rooting
- 9:49Speaker 1: out on lawful DEI motivated race and sex discrimination. The
- 9:54Speaker 1: next one is protecting American workers from an anti American
- 9:58Speaker 1: national origin discription. And that's an indication as to what
- 10:04Speaker 1: types of claims the EEOC, or at least the Acting
- 10:07Speaker 1: Chair might be interested in advancing, which very well could
- 10:11Speaker 1: be claims by non traditional groups, particularly white employees or
- 10:15Speaker 1: mail employees, arguing that they have been treated differently than
- 10:19Speaker 1: minority groups or have been harmed based on some DEI
- 10:23Speaker 1: program that existed in the past. I think, reading between
- 10:26Speaker 1: the lines, there's an invitation for non traditional groups that
- 10:29Speaker 1: previously would not have sought the eeoc's production to go
- 10:33Speaker 1: ahead and file claims with the EEOC so that these
- 10:37Speaker 1: employer practices can be investigated.
- 10:39Speaker 3: I mean, the order suggests that employers could face litigation
- 10:43Speaker 3: or regulatory action. Do you think the government will actually
- 10:47Speaker 3: sue businesses over DEI programs.
- 10:50Speaker 1: Yeah, So there's many charges that are filed with the EEOC,
- 10:53Speaker 1: and as I said, given the public statements, several of
- 10:57Speaker 1: those could be based directly on a DEI program. Others
- 11:00Speaker 1: could just be based on employee who's terminated and maybe
- 11:04Speaker 1: would not have sought the protection of the EEOC, particularly
- 11:06Speaker 1: because they're white or thirty six years old and very healthy,
- 11:11Speaker 1: but may feel emboldened to do so now and very
- 11:14Speaker 1: well maybe that that claim is advanced and brought forward
- 11:17Speaker 1: by the EEOC if, for example, that employee says that
- 11:21Speaker 1: they were treated differently with respect to the use of
- 11:23Speaker 1: a specific word or certain conduct than other employees in
- 11:28Speaker 1: their organization. So it could be exactly focused on a
- 11:32Speaker 1: DEI policy, or it could be an extrapolation based on
- 11:36Speaker 1: somebody who simply believes that they're way that they were
- 11:39Speaker 1: treated is unfair and previously probably would not have considered
- 11:44Speaker 1: the EEOC as the place to go.
- 11:46Speaker 3: Coming up the Executive Order on Transgender Americans. This is
- 11:50Speaker 3: bloomberg diversity, equity and inclusion efforts and in the raft
- 11:55Speaker 3: of executive orders. On day one, President Donald Trump called
- 11:59Speaker 3: for ana dei efforts in the federal government, including terminating
- 12:04Speaker 3: diversity programs and eliminating all related offices and positions. There
- 12:10Speaker 3: is also an order declaring a new policy that the
- 12:13Speaker 3: US will recognize only two sexes, male and female, signaling
- 12:19Speaker 3: a rollback of transgender protections. I've been talking to labor
- 12:22Speaker 3: and employment law expert niche Verma, a partner at Dorsey
- 12:26Speaker 3: and Whitney. So the order covers state and local bar associations,
- 12:31Speaker 3: and two major state bar associations, California and Massachusetts, have
- 12:37Speaker 3: pushed back. For example, California said in a statement, the
- 12:41Speaker 3: executive order will not affect its programs as long as
- 12:45Speaker 3: our work in this space involves illegal discrimination or preferences.
- 12:49Speaker 3: Massachusetts Bar said, I think there are better ways our
- 12:52Speaker 3: federal government could use its time than looking at bar associations.
- 12:56Speaker 3: For bar associations to say that, what does it indicate?
- 12:59Speaker 1: If anything, it's not too surprising because there have been
- 13:02Speaker 1: letters by several state attorneys general too, to law firms
- 13:06Speaker 1: that have had DEI programs. Right, So it seems like
- 13:09Speaker 1: there has been a focus on simultaneously. For several years,
- 13:13Speaker 1: there's been a focus on increasing diversity among the bar,
- 13:17Speaker 1: and then simultaneously a focus on those programs and whether
- 13:20Speaker 1: they might be illegal. And I think the state and
- 13:23Speaker 1: local bar associations have some significant grounds to challenge this
- 13:28Speaker 1: investigation by the federal government because they're not employers to
- 13:32Speaker 1: most of these people, so there's another relationship that they have,
- 13:36Speaker 1: and I think the government has to be sure they're
- 13:38Speaker 1: finding a federal statute that relates to discrimination, which is
- 13:43Speaker 1: what the government is calling the DEI program that applies.
- 13:46Speaker 1: And so I can understand why they feel somewhat confident
- 13:49Speaker 1: in their position.
- 13:50Speaker 3: Have we seen this sort of trend towards a slow
- 13:52Speaker 3: death of DEI programs because of the Supreme Court's decision
- 13:57Speaker 3: curtailing affirmative action programs in universe?
- 14:00Speaker 1: I think that's right, But I think that from the
- 14:03Speaker 1: strikedown of affirmative action in universities to today, there has
- 14:07Speaker 1: been a question as to whether the laws that apply
- 14:11Speaker 1: to the employment relationship prohibit DEI, because those are different
- 14:17Speaker 1: laws that apply to the funding of a university. And
- 14:20Speaker 1: the clearest way to argue that DEI violates the law
- 14:25Speaker 1: in an employment context is to say that it violates
- 14:27Speaker 1: Title seven, which is to say that the program discriminates
- 14:31Speaker 1: on the basis of race. And that is not a
- 14:36Speaker 1: conclusion that has been widely adopted, but it appears to
- 14:40Speaker 1: be the position stated multiple times by the federal government today.
- 14:46Speaker 3: Also, an executive order on Monday declares that the United
- 14:51Speaker 3: States will only recognize two sexes, male and female, and
- 14:55Speaker 3: states that these sexes are binary, biological, and not changeable.
- 15:00Speaker 3: What's the import of that?
- 15:02Speaker 1: Yeah, So that executive order, I'll say the name of it.
- 15:05Speaker 1: It is defending women from gender ideology extremism and restoring
- 15:10Speaker 1: biological truth. To the federal government includes definitions that all
- 15:15Speaker 1: of the federal government is required to adopt and then
- 15:19Speaker 1: enforced with respect to its enforcement of federal laws. And
- 15:23Speaker 1: one of those is sex, defining it as only male
- 15:25Speaker 1: or female. And then simultaneously there's another definition of gender identity,
- 15:32Speaker 1: and it really truly defines gender identity as something that
- 15:35Speaker 1: is completely subjective and essentially not real in the world
- 15:38Speaker 1: and unrelated to sex. And the biggest question, looking just
- 15:43Speaker 1: at the text of the order is whether there's any
- 15:47Speaker 1: attempt to disturb the ruling of the Supreme Court decision
- 15:51Speaker 1: in twenty twenty Boss docsy Clayton County, which did find
- 15:55Speaker 1: that gender identity is included in the term sex under
- 15:59Speaker 1: Title seven for prohibited transgender discrimination.
- 16:03Speaker 3: What's the import of that executive order for transgender people?
- 16:08Speaker 1: I think there's two questions. One, is the EEOC Acting
- 16:12Speaker 1: Chair going to be pushing The logic of the answer
- 16:17Speaker 1: is yes, because in her statement she uses the exact
- 16:21Speaker 1: same language and specifically cites the order. But what is
- 16:27Speaker 1: the import and the import I don't know if it
- 16:30Speaker 1: means that the EEOC is going to be telling employers, yes,
- 16:34Speaker 1: you can fire employees for being transgender. It does not
- 16:37Speaker 1: seem like that's something that a federal enforcement agency should
- 16:41Speaker 1: be able to do because that does contradict a Supreme
- 16:44Speaker 1: Court decision, which is of course by another branch of
- 16:47Speaker 1: the government. However, another thing that the EEOC does is
- 16:51Speaker 1: issue guidance and guidance that's been in effect since April
- 16:55Speaker 1: twenty twenty four has described things like misgendering intentionally a
- 17:02Speaker 1: transgender person or unnecessarily referring to their clothes, anatomy sexual
- 17:09Speaker 1: relationships as harassment based on gender identity, and the EEOC
- 17:15Speaker 1: has pursued it to Trump's executive order rescinded that. So
- 17:19Speaker 1: there is a clear and identifiable limitation of protections for
- 17:24Speaker 1: transgender employees based on this order. And I think the
- 17:27Speaker 1: next question is how much will the EEOC acting chair
- 17:32Speaker 1: skirt the boss stock decision around protection overall?
- 17:38Speaker 3: He rescinded a Biden administration provision that allowed transgender people
- 17:42Speaker 3: to serve in the military, but he didn't ban transgender
- 17:46Speaker 3: people from serving in the military. Do you think that's
- 17:49Speaker 3: the next step.
- 17:50Speaker 1: I think he has a lot more power with respect
- 17:52Speaker 1: to the military is than the private sector, and so
- 17:56Speaker 1: that's something that he could do, and I think the
- 17:58Speaker 1: challenges will be different than something that the EEOC does.
- 18:03Speaker 1: I think a EEOC position that it is okay to
- 18:07Speaker 1: fire someone because their transgender is the opposite of the
- 18:11Speaker 1: Supreme Court's ruling in Bostock. And I think the language
- 18:15Speaker 1: of the executive order does conflict with that ruling, and
- 18:19Speaker 1: we've already seen some indication of where the EEOC is
- 18:24Speaker 1: taking their guidance too, But we are also interested to
- 18:27Speaker 1: see how far they're going to take that.
- 18:29Speaker 3: This up ends so many things in the workplace. Will
- 18:33Speaker 3: we see a difference within one year, within a month?
- 18:37Speaker 3: How fast can these things be put into action?
- 18:40Speaker 1: I think given the risk and penalties for employers relating
- 18:45Speaker 1: to retaining DEI, even if there's not further action from
- 18:48Speaker 1: the federal government, there may be employers that are just
- 18:51Speaker 1: discussing with their legal departments what's worth it and what's not,
- 18:54Speaker 1: and they are immediately rolling back whatever they can to
- 18:57Speaker 1: just get out of the scrutiny of the federal government. Again,
- 19:00Speaker 1: we're talking about three executive orders on the same topic.
- 19:04Speaker 1: It's a vehement attack on DEI, and I think the
- 19:09Speaker 1: private sector understands that and potentially, like any company or organization,
- 19:15Speaker 1: is likely wanting to get back to their mission what
- 19:18Speaker 1: they do best, which means getting out of the eye
- 19:22Speaker 1: of the federal government on this issue. So it's very
- 19:25Speaker 1: likely that these changes are going to happen soon. I
- 19:28Speaker 1: think the other consideration relating to what you just mentioned
- 19:31Speaker 1: is that the idea that more people are going to
- 19:35Speaker 1: be using the EEOC for their grievances is a specific possibility,
- 19:41Speaker 1: given again that the reading between the lines of the
- 19:46Speaker 1: chair's position is that there's a bit of an invitation
- 19:50Speaker 1: that if you have a problem with your employer and
- 19:52Speaker 1: you haven't seen yourself as protected before, you're protected now. Simultaneously,
- 19:58Speaker 1: you will have all these employees who are seeing DEI
- 20:02Speaker 1: programs rolled back, are seeing their employers talk about race
- 20:05Speaker 1: and sex in a different way, may feel less supported,
- 20:08Speaker 1: less protected, and may react by bringing their own claims.
- 20:13Speaker 1: It doesn't appear that there's going to be less litigation
- 20:16Speaker 1: or less individual claims on this topic.
- 20:19Speaker 3: What are the finds like or the penalties for employers
- 20:23Speaker 3: who violate these DEI rules.
- 20:26Speaker 1: It's just an employer who's violated Title seven, either in
- 20:29Speaker 1: a private lawsuit or in an action brought by the EEOC,
- 20:33Speaker 1: then the penalties are going to be based on the
- 20:35Speaker 1: same concepts as any employment action, which is lost wages,
- 20:39Speaker 1: emotional distress, and punitive damages. If we are talking about
- 20:43Speaker 1: the federal contractor sphere, and you have a federal contractor
- 20:48Speaker 1: who may have had an affirmative action program as understandably
- 20:53Speaker 1: they would given them many years that that was required,
- 20:56Speaker 1: and continues to leave that in place and then seeks
- 20:59Speaker 1: a federal contract. That contractor could be found now under
- 21:03Speaker 1: the new order to be violating the False Claims Act,
- 21:06Speaker 1: be making a false claim to the government for fees
- 21:10Speaker 1: under this contract, because from the government's perspective, the contractor
- 21:16Speaker 1: has hid or lied about the fact that they are
- 21:20Speaker 1: indeed taking measures to have a diverse workforce, which is
- 21:23Speaker 1: strictly prohibited and monitored in the federal contractor scheme.
- 21:27Speaker 3: So nishe our employers completely confused. Are you getting calls
- 21:31Speaker 3: from people about you know, what's going on here? What
- 21:34Speaker 3: do I have to do? What can I do?
- 21:36Speaker 1: Yeah? Absolutely, particularly in the federal contracting space. It's a
- 21:41Speaker 1: pretty big change, and unless you were really in the know,
- 21:45Speaker 1: not something that was expected for the entire executive order
- 21:50Speaker 1: addressing Affirmative Action that's been in place since nineteen sixty
- 21:53Speaker 1: five to not only go away, but be replaced with
- 21:56Speaker 1: this other onerous and risk executive order. Right, And I
- 22:03Speaker 1: do think that these companies want to be able to
- 22:06Speaker 1: go do what they do best without an overt amount
- 22:09Speaker 1: of scrutiny on these matters and so there's some questions
- 22:13Speaker 1: as to how best to move forward there. And then,
- 22:16Speaker 1: of course, with any private sector employer, what is the
- 22:20Speaker 1: EEOC going to be focusing on and is there any
- 22:23Speaker 1: reason that they'd be focusing on me?
- 22:25Speaker 3: These orders are game changers, that's for sure. Thanks so much,
- 22:28Speaker 3: nizsche That's Niche Rma, a labor and employment litigation partner
- 22:32Speaker 3: at Dorsey and Whitney. In other legal news today, the
- 22:35Speaker 3: first of Donald Trump's executive orders to be blocked by
- 22:39Speaker 3: a judge, at least temporarily. A Seattle federal judge has
- 22:43Speaker 3: temporarily blocked Trump from restricting who's eligible for automatic US
- 22:49Speaker 3: citizenship at birth, in an early legal setback for the
- 22:52Speaker 3: new administration's hardline immigration agenda. Judge John Kaufenor called Trump's
- 22:58Speaker 3: executive order ending birthright citizenship blatantly unconstitutional and question the
- 23:05Speaker 3: quality of lawyering within the administration. The order denies automatic
- 23:09Speaker 3: citizenship to US born children of immigrants who entered the
- 23:13Speaker 3: country illegally or have temporary legal status. Birthright citizenship is
- 23:19Speaker 3: a right enshrined in the Fourteenth Amendment, and the judge said,
- 23:23Speaker 3: it just boggles my mind that a lawyer could argue
- 23:26Speaker 3: that the order was constitutional. The judge stopped the administration
- 23:30Speaker 3: from taking any steps to carry out the order for
- 23:33Speaker 3: fourteen days. He'll next consider whether to sign a longer
- 23:38Speaker 3: term injunction. The administration is facing at least six lawsuits
- 23:42Speaker 3: over Trump's birthright citizenship order. Federal judges in Maryland and
- 23:47Speaker 3: New Hampshire have hearings scheduled in the coming weeks to
- 23:50Speaker 3: consider whether to also block the order from taking effect.
- 23:54Speaker 3: The Justice Department released a statement saying it will vigorously
- 23:57Speaker 3: defend Trump's order, which quote correctly interprets the fourteenth Amendment
- 24:02Speaker 3: of the US Constitution. And that's it for this edition
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