The U.S. Court of Appeals for the 5th Circuit denied once again on Tuesday the May 17 request made by state attorneys general from California, Oregon and New York that the court reconsider its May 2 refusal to allow them to intervene after the court vacated the Department of Labor’s fiduciary rule.
“This panel previously denied the states of California, New York and Oregon’s motion to intervene and file a rehearing en banc,” the court said Tuesday. “The panel has considered the motion for reconsideration. IT IS ORDERED that the motion is DENIED.”
“The federal government is no longer pursuing this appeal,” the state AGs wrote in their 24-page filing on May 17.
The state AGs had argued that “given that posture, the exceptional importance of the issues, and the grave harm the states will suffer as a result of the panel opinion — billions of dollars in lost retirement income to their residents and tens of millions of dollars in lost tax revenue — the states respectfully request that the court reconsider its decision.”