The U.S. Constitution, especially as amended after the Civil War, was written to secure individual liberty under limited government. Drawing on the vision first set forth in the Declaration of Independence, it authorizes a federal government of delegated, enumerated, and thus limited powers, which must be exercised consistent with our natural and moral rights. Unfortunately, with the rise of Progressivism at the end of the 19th century, the Constitution has been read increasingly as authorizing largely unlimited government and the modern administrative state. Cato’s scholars are dedicated to addressing the many aspects of that problem and to restoring America’s promise of liberty under limited government.
Lawyers for Texas and abortion providers appeared before a federal appeals court Thursday to argue the fate of a 2017 state law struck down by a U.S. judge in Austin that bans the most common type of second-trimester abortion unless doctors first use an extra procedure to ensure fetal demise.
However, on a court where Republican-appointed judges hold a 12-5 advantage, the vast majority of skeptical questions and pushback was reserved for the lawyer representing abortion providers who challenged the law as unconstitutional.
The 5th U.S. Circuit Court of Appeals will release its opinion on the law known as Senate Bill 8 at a future, unspecified date, but Thursday s oral arguments boded well for supporters of a law that had been struck down twice previously.
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On January 12, 2021, the Fifth Circuit Court of Appeals issued a landmark decision rewriting the rules for obtaining certification in collective actions under the Fair Labor Standards Act (FLSA).
In
Swales v. KLLM Transport Services, L.L.C., No. 19-60847, the Fifth Circuit rejected the lenient approach first articulated a 1987 New Jersey district court opinion. Instead, the Fifth Circuit now requires district courts to conduct a more searching analysis before ordering notice to potential plaintiffs who may be eligible to opt in to an FLSA lawsuit.
The 1987 New Jersey case articulates a two-step approach. Under the first step, a plaintiff only needs to make a minimal showing of “similarly situated” employees to obtain “conditional certification” and have notice sent to potential plaintiffs. This initial showing could be based entirely upon a plaintiff’s own pleadings and affidavits. As a practical matter, this
Thursday, January 14, 2021
On January 12, 2021, the Fifth Circuit Court of Appeals issued a landmark decision rewriting the rules for obtaining certification in collective actions under the Fair Labor Standards Act (FLSA).
In
Swales v. KLLM Transport Services, L.L.C., No. 19-60847, the Fifth Circuit rejected the lenient approach first articulated a 1987 New Jersey district court opinion. Instead, the Fifth Circuit now requires district courts to conduct a more searching analysis before ordering notice to potential plaintiffs who may be eligible to opt in to an FLSA lawsuit.
The 1987 New Jersey case articulates a two-step approach. Under the first step, a plaintiff only needs to make a minimal showing of “similarly situated” employees to obtain “conditional certification” and have notice sent to potential plaintiffs. This initial showing could be based entirely upon a plaintiff’s own pleadings and affidavits. As a practical matter, this means that notices hav