Trumpdate: Court refuses to stay TRO against travel ban, Puzder hearing scheduled

By Robin Shea, Constangy, Brooks, Smith & Prophete, LLP. To see more posts or to learn more about Robin, see Employment & Labor Insider.

Yesterday, a panel of the U.S. Court of Appeals for the Ninth Circuit denied the Trump Administration’s motion to stay the temporary restraining order issued by a federal judge in Seattle. This means that the TRO, which blocks the temporary travel ban from taking effect, will remain in place. The Administration may seek review by all of the judges on the Ninth Circuit or by the U.S. Supreme Court, or it may go back to the court in Seattle for a full hearing on the legality of President Trump’s Executive Order. This tweet last night from the President leads me to believe that option 3 is not likely:

Screen Shot 2017-02-09 at 9.03.21 PM

In other Trump-related news, the confirmation hearing for Andrew Puzder, President Trump’s nominee for Secretary of Labor, has finally been scheduled for next Thursday, February 16. The hearing had been delayed several times while Mr. Puzder’s paperwork was being submitted to the Office of Government Ethics, and then while the OGE reviewed the paperwork. The hearing should be a real donnybrook. Among other things, the mudslinging could include allegations of domestic violence (Mr. Puzder’s ex-wife has since recanted those allegations), his employment of an undocumented worker (he has admitted to this but said he was not aware of her status and took immediate action once he learned of it), and the numerous — possibly, politically motivated — lawsuits filed recently against franchisees of CKE Restaurants, Inc., of which Mr. Puzder is Chief Executive Officer.

About Constangy, Brooks, Smith & Prophete, LLP

Constangy, Brooks, Smith & Prophete, LLP has counseled employers on labor and employment law matters, exclusively, since 1946. A "Go To" Law Firm in Corporate Counsel and Fortune Magazine, it represents Fortune 500 corporations and small companies across the country. Its attorneys are consistently rated as top lawyers in their practice areas by sources such as Chambers USA, Martindale-Hubbell, and Top One Hundred Labor Attorneys in the United States, and the firm is top-ranked by the U.S. News & World Report/Best Lawyers Best Law Firms survey. More than 140 lawyers partner with clients to provide cost-effective legal services and sound preventive advice to enhance the employer-employee relationship. Offices are located in Alabama, California, Florida, Georgia, Illinois, Massachusetts, Missouri, New Jersey, North Carolina, South Carolina, Tennessee, Texas, Virginia and Wisconsin. For more information, visit www.constangy.com.