President Donald Trump announced via Twitter late Thursday that he plans to nominate Eugene Scalia as the new Labor secretary.
Scalia, the lead Gibson Dunn attorney who argued against Labor’s fiduciary rule before the U.S. Court of Appeals for the 5th Circuit, which vacated the rule last June, is a son of deceased Supreme Court Justice Antonin Scalia.
Scalia served as Labor’s solicitor during the George W. Bush administration, and is now a partner in the Washington office of Gibson, Dunn & Crutcher.
At Gibson Dunn, he co-chairs the firm’s Administrative Law and Regulatory Practice Group and is a member of its Labor and Employment Practice Group.
He represented nine plaintiffs, including the U.S. Chamber of Commerce, the Securities Industry and Financial Markets Association and the Financial Services Institute, in the case brought in a Texas court against Labor’s fiduciary rule.
Scalia told ThinkAdvisor last March that the fiduciary issue “is a matter that ought to be addressed by the SEC; Dodd-Frank made clear that the question of a uniform fiduciary standard is under the SEC’s purview.”