President Donald Trump officially nominated Tuesday Eugene Scalia as the new Labor Secretary, replacing Alexander Acosta.
Acosta resigned July 12 due to pressure over his handling of the sex trafficking case against ex-hedge fund manager Jeffrey Epstein.
Scalia was the lead Gibson, Dunn & Crutcher attorney who argued against Labor’s fiduciary rule before the U.S. Court of Appeals for the 5th Circuit. He is a son of deceased Supreme Court Justice Antonin Scalia.
Government ethics rules would likely prevent Scalia from participating in crafting a Labor Department fiduciary rule.
Scalia 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.”