Eugene Scalia Eugene Scalia.

The Senate Committee on Health, Education, Labor & Pensions (HELP) has scheduled a Sept. 19 nomination hearing for Eugene Scalia, President Donald Trump’s nominee to be the new Labor secretary.

After Senate HELP consideration, Scalia’s nomination will move to the full Senate. If confirmed by the Senate, Scalia would replace Alexander Acosta, who resigned on July 12 due to pressure over his handling of the sex trafficking case against hedge fund manager Jeffrey Epstein, who was found dead in jail on Aug. 10.

The White House announced Scalia’s nomination on Aug. 27, and noted that in 2001, Scalia joined the Labor Department as solicitor.

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 the Obama Labor Department’s fiduciary rule.

Scalia told ThinkAdvisor last March that the fiduciary issue “is a matter that ought to be addressed by the SEC.”