This ruling has nothing to do with declaring non-compete rulings good, bad, or indifferent. It shuts down an unlawful action by a Federal agency that didn’t follow its own rules
For that reason this ruling is to be applauded. If Congress wants to ban non-compete agreements they can pass a law and send it to the President for his signature. But for a President to simply order it and command some faceless bureaucrats to write a rule for the entire nation flies in the face of the Constitution.
L
Precisely!
I am not sure that such a law would be Constitutional. Most workers work in only one state. This seems like this should be a state matter.
I can accept that as a plausible reason to strike down an action of a government agency. But, of course, that is only part of the story. This was struck down primarily because business executives wanted it struck down and were able to shop for a favorable venue of jurisdiction to get the ruling they wanted.
The issue should be settled by Congress passing appropriate laws. And it is clear that Congress will never do such a thing. We have a system of "one dollar, one vote" which favors large corporations over small companies and individuals. It is not a good system.
I have in the past refused to work for companies which require non-compete agreements. I recommend that policy to others. That presumes there is still a free market for labor. It is a bad bet in the long run if corporations are permitted to follow their natural incentives.
Exactly, and how many Harris/Biden commie edicts have been struck down now? It has to be a record. Definitely more than the left’s lawfare during Trump’s term where many of them were finally supported by the court.
What constitution?
You’re gonna see a lot more of this now that chevron deference is gone.
CC