Policy Week in Review – June 27, 2025

SCOTUS Curtails Nationwide Injunctions

The U.S. Supreme Court sharply curtailed “universal” injunctions. The Court’s June 27, 2025 decision came in a case involving an executive order seeking to limit birthright citizenship under the Fourteenth Amendment. In three separate cases, individuals, interest organizations, and states sued to block the executive order. In each, a district court barred the government not only from enforcing the order against the plaintiffs, but also against anyone. On review, the Supreme Court held that these broad orders exceeded the district courts’ authority. Under an eighteenth-century federal statute, district courts have the authority to award only the equitable relief that could have been awarded by an English court of equity. And courts of equity had no authority to issue universal injunctions; they could give relief only to the parties in the case. Going forward, the Court’s decision means that plaintiffs may have a harder time challenging government action on a broad basis. But the decision seems to leave in place a plaintiff’s right to challenge agency decisions under the Administrative Procedure Act. As a result, it could have only a limited effect on litigation involving federal regulations.

Chair Rick Allen (R-GA) Introduces the Employee Rights Act of 2025

On Thursday, June 26, Rep. Rick Allen (R-GA), who serves as Chair of the U.S. House Subcommittee on Health, Employment, Labor and Pensions, introduced the “Employee Rights Act of 2025,” which would modernize federal labor law to guarantee American workers the right to a secret ballot representation election; enable workers to opt-in to union political spending on an annual basis, rather than be automatically forced to fund political activities they may personally oppose; provide legal clarity and preserve flexibility for independent workers by harmonizing existing statutes; alleviate the legal threat of shifting “joint employer” standards that threaten the franchise business model and stifle business growth; allow workers to opt-out of union representation in right-to-work states; protect workers from harassing language during a unionization campaign, and more. To read the legislative text, click here. To read a one-page summary of the bill, click here.

Chair Tim Walberg (R-MI) Investigates SEIU’s Hiring Practices

U.S. House Committee on Education and Workforce Chair Tim Walberg (R-MI) is investigating the hiring practices of the Service Employees International Union (SEIU), following recent reports that it hired a registered sex offender to serve as a business agent. In a letter addressed to the SEIU President April Verrett, Chair Walberg expressed great concern stating that “Given the vulnerable populations many SEIU workers serve, the Committee seeks to understand how this occurred and whether reforms to the Labor-Management Reporting and Disclosure Act (LMRDA) are necessary.” The letter further states, “The hiring practices of unions and their leadership are important to the Committee as such hiring relates to the integrity of a union and sets an example for their dues paying members.”

White House DOL and EEOC Nominees Advance

On Thursday, the Senate Health, Education, Labor and Pension’s (HELP) Committee voted to approve President Trump’s pending nominees at the U.S. Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC). The approved DOL nominations include: Jonathan Berry to serve as Solicitor of Labor; Andy Rogers to serve as Wage and Hour Administrator; David Keeling to serve as Assistant Secretary of Labor for the Occupational Safety and Health Administration; Daniel Aronowitz to serve as Assistant Secretary of Labor for the Employee Benefits Security Administration; and Jeremiah Workman to serve as Assistant Secretary of Labor for Veterans’ Employment and Training. Also, the Committee approved Andrea Lucas, the current EEOC Acting Chair, to serve another term as a Member of the EEOC. All these nominations will now move to the Senate floor for a final vote at a later date. For a recap of relevant testimony from the confirmation hearing, read Littler’s summary.