5th Circuit denies states' second attempt to defend DOL fiduciary rule
The three-judge panel split again, 2-1, in deciding not to take another look at the motion to intervene by California, New York and Oregon
The three judges also ruled unanimously Tuesday to deny the states' alternative motion to permit a rehearing of their effort to intervene by the full 17 judges of the 5th Circuit.
When it was clear that the Trump administration would drop its defense of the rule, the states, as well as the older-Americans interest group AARP, tried to intervene in the case and get a rehearing of the March 15 decision by the full 5th Circuit. They argued that the rule was lawful and necessary to protect the retirement savings of millions of Americans.
The three-judge panel split again, 2-1, in deciding not to take another look at the motion to intervene by California, New York and Oregon
The three judges also ruled unanimously Tuesday to deny the states' alternative motion to permit a rehearing of their effort to intervene by the full 17 judges of the 5th Circuit.
When it was clear that the Trump administration would drop its defense of the rule, the states, as well as the older-Americans interest group AARP, tried to intervene in the case and get a rehearing of the March 15 decision by the full 5th Circuit. They argued that the rule was lawful and necessary to protect the retirement savings of millions of Americans.
