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Nasdaq blocked from imposing board diversity rules for companies on exchange
The New York Post ^ | 12/11/2024 | Staff

Posted on 12/12/2024 7:47:53 AM PST by thegagline

A federal appeals court on Wednesday ruled that Nasdaq could not impose rules requiring companies listed on the exchange to have women and minority directors on their boards or explain why they do not.

The New Orleans-based 5th US Circuit Court of Appeals on a 9-8 vote sided with two conservative advocacy groups in finding that the rules approved by the Securities and Exchange Commission ran afoul of federal securities law.

A three-judge panel of the 5th Circuit comprised entirely of appointees of Democratic presidents in October 2023 upheld the SEC’s 2021 decision to approve Nasdaq’s rules, saying the regulator acted within its authority. But the full conservative-majority court opted to reconsider the matter. All nine judges in the majority were appointed by Republican presidents, including the ruling’s author, US Circuit Judge Andrew Oldham, who was appointed by President-elect Donald Trump in his first term.

(Excerpt) Read more at nypost.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: dei; diversity; perversity
The SEC ruled that companies must have at least two “diverse board members,” including “at least one director who self-identifies as a female,” and at least one who “self-identifies as Black or African American, Hispanic or Latinx, Asian, Native American or Alaska Native, Native Hawaiian or Pacific Islander, two or more races or ethnicities, or as LGBTQ+.”

You may ask, “who is ultimately responsible for this anti-white, racist rule?”

Hint: He belongs to the same “club” as Merrick Garland, Alejando Mayorkas, George Soros, Adam Schiff, etc.

Answer: Gary Gensler

1 posted on 12/12/2024 7:47:53 AM PST by thegagline
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To: thegagline

This needs to be fixed by statute before the composition of the court changes to Democrat.


2 posted on 12/12/2024 7:56:10 AM PST by Socon-Econ (adi)
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To: thegagline
A three-judge panel of the 5th Circuit comprised entirely of appointees of Democratic presidents in October 2023 upheld the SEC’s 2021 decision to approve Nasdaq’s rules, saying the regulator acted within its authority.

I can't find in the Constitution where either the SEC or even Congress has that authority. As far as I can tell, the entire existence of the SEC is not a Federal power under Article I, Section 8. We'd be better off with more competing exchanges with various groups also competing in the exercise of condensed metrics exposing corporate behavior. Socializing the oversight business has been a bad deal.

3 posted on 12/12/2024 8:01:02 AM PST by Carry_Okie (The tree of liberty needs a rope.)
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To: thegagline

Who was the plaintiff who ended the Nasdaq anti-white, anti-man, rule and also ended affirmative action in colleges?

Edward Blum, a Jewish conservative activist.

If you are going to be a bigot on FR, you might want to get all the facts.


4 posted on 12/12/2024 8:08:04 AM PST by TheThirdRuffian (Orange is the new brown)
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To: thegagline
"... 5th US Circuit Court of Appeals on a 9-8 vote ..."

Ouch.

5 posted on 12/12/2024 8:08:06 AM PST by plain talk
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To: thegagline

If they had allowed it, it would hasten NYC losing its hold on the stock market. Onward to Texas!


6 posted on 12/12/2024 8:10:05 AM PST by Ge0ffrey
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To: TheThirdRuffian; thegagline
Uh, you are calling a FReeper a racist who merely stated the idiot responsible for the rule.

You stated the person who got the rule reviewed.

Can we can call you a racist, too, if you both are correct with your completely different answer perspectives?

7 posted on 12/12/2024 8:15:40 AM PST by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: thegagline
A federal appeals court on Wednesday ruled that Nasdaq could not impose rules requiring companies listed on the exchange to have women and minority directors on their boards or explain why they do not.

Wow. Almost like it's a free country or something.

8 posted on 12/12/2024 8:16:42 AM PST by Sicon ("All animals are equal, but some animals are more equal than others." - G. Orwell)
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To: ConservativeMind

You can call me anything you want. I’d have to value your opinion to care.


9 posted on 12/12/2024 8:18:58 AM PST by TheThirdRuffian (Orange is the new brown)
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To: TheThirdRuffian

I’m cool with that, bigot.


10 posted on 12/12/2024 8:21:38 AM PST by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: thegagline

Can anyone self identify as anything?


11 posted on 12/12/2024 8:36:42 AM PST by ActresponsiblyinVA
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To: ActresponsiblyinVA
Can anyone self identify as anything?

There are a set of rules that govern who can and can't engage in self-identification.

A male can identify as a woman and a woman can identify as a man.

A half while and half black can only identify as a black. To acknowledge the white mother who raised, sheltered, and educated the half black person is racist.

Hispanics can identify as a race even though Hispanic is actually a loosely defined linguistic group. When a Hispanic is pronouncing their name or another Hispanic's name, they must roll their Rs and put on a heavy Speedy Gonzales accent. If a white or Asian person adopts this accent when pronouncing a Hispanic name it is considered racist and they will be sent to a counselor who will reeducate the aforesaid racist.

Finally, a dentist can identify as a Jew but a Jew cannot identify as a dentist.

12 posted on 12/12/2024 9:22:03 AM PST by thegagline (Sic semper tyrannis! Trump & Vance, 2024! (Formerly) Goldwater & Thomas Sowell)
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To: plain talk

1 judge kept the DEI tyranny being imposed on Nasdaq.


13 posted on 12/12/2024 10:21:59 AM PST by iamgalt
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