Eugene Scalia

{{Short description|American politician and attorney (born 1963)}}

{{Infobox officeholder

| name = Eugene Scalia

| image = Eugene Scalia.jpg

| order = 28th

| office = United States Secretary of Labor

| president = Donald Trump

| deputy = Patrick Pizzella

| term_start = September 30, 2019

| term_end = January 20, 2021

| predecessor = Alexander Acosta

| successor = Marty Walsh

| office1 = 25th United States Solicitor of Labor

| president1 = George W. Bush

| 1blankname1 = Secretary

| 1namedata1 = Elaine Chao

| term_start1 = January 11, 2002

| term_end1 = January 17, 2003

| predecessor1 = Henry Solano

| successor1 = Howard M. Radzely

| birth_date = {{birth date and age|1963|8|14}}

| birth_place = Cleveland, Ohio, U.S.

| death_date =

| death_place =

| party = Republican

| spouse = {{marriage|Patricia Larsen|1993}}

| children = 7

| parents = Antonin Scalia (father)
Maureen McCarthy (mother)

| education = University of Virginia (BA)
University of Chicago (JD)

| caption = Official portrait, 2019

}}Eugene Scalia (born August 14, 1963) is an American lawyer who served as the 28th United States Secretary of Labor during the final 16 months of the first Trump administration from 2019 to 2021.{{cite news |date=April 4, 2021 |title=Washington-area appointments and promotions for April 5 |url=https://www.washingtonpost.com/business/capitalbusiness/washington-area-appointments-and-promotions-for-april-5/2021/04/04/1adb7d82-9253-11eb-a74e-1f4cf89fd948_story.html |access-date=10 July 2021 |newspaper=Washington Post}} Scalia previously served as the United States Solicitor of Labor under President George W. Bush. He is a son of the late Supreme Court Associate Justice Antonin Scalia.

Scalia was described by The New York Times as "a skilled lawyer with a broadly conservative, pro-business and anti-regulatory agenda".{{Cite news |last=Sommer |first=Jeff |date=2020-08-21 |title=How 2 Labor Dept. Rules Can Undermine Your Retirement Plans |url=https://www.nytimes.com/2020/08/21/business/labor-department-proposal-retirement-planning.html |access-date=2021-07-15 |work=The New York Times |language=en-US |issn=0362-4331}} As Secretary of Labor, he reversed Obama-era labor and employment regulations.{{Cite magazine |last=Press |first=Eyal |title=Trump's Labor Secretary Is a Wrecking Ball Aimed at Workers |url=https://www.newyorker.com/magazine/2020/10/26/trumps-labor-secretary-is-a-wrecking-ball-aimed-at-workers |access-date=2020-10-25 |magazine=The New Yorker |language=en-us}}{{Cite news |last=Wiessner |first=Caroline Spiezio, Daniel |date=2021-03-31 |title=Former U.S. labor secretary Scalia returns to Gibson Dunn |url=https://www.reuters.com/article/lawyer-moves-scalia-idUSL1N2LT03O |access-date=2021-07-15 |work=Reuters |language=en}} He returned to become a partner at Gibson Dunn at the end of his tenure.{{cite news |last1=Strom |first1=Roy |date=March 30, 2021 |title=Ex-Labor Secretary Eugene Scalia Returns to Gibson Dunn (1) |url=https://news.bloomberglaw.com/business-and-practice/ex-labor-secretary-eugene-scalia-returns-to-gibson-dunn |access-date=20 September 2021 |work=Bloomberg Law |language=en}}

Early life and education

Scalia was born on August 14, 1963, in Cleveland, Ohio, the second of nine children of future Supreme Court Justice Antonin Scalia and Maureen (née McCarthy) Scalia.{{cite magazine |last1=Chan |first1=Melissa |title=Growing Up Scalia: How the Late Supreme Court Justice Raised His Children |url=https://time.com/4226411/antonin-scalia-family-children/ |access-date=20 September 2021 |magazine=Time |date=February 16, 2016 |language=en}}{{cite web |date=13 April 2020 |title=Eugene Scalia (2019–2021) |url=https://millercenter.org/eugene-scalia-2019 |access-date=November 13, 2023 |website=Miller Center of Public Affairs |publisher=University of Virginia |language=en}} He attended the University of Chicago Laboratory Schools, where he was known colloquially as "Gene" and graduated in 1981. Scalia became an editor of the school newspaper, U-High Midway, and had his column called "Blind Side". He also participated in soccer and debate; during his time as a student, Scalia was elected vice-president of the school's disciplinary board, beating classmate Arne Duncan, who would later be appointed U.S. Secretary of Education.{{Cite web |last=Culver |first=Leland |title=U-High graduate confirmed to lead Labor Department |url=https://uhighmidway.com/4569/news/u-high-graduate-confirmed-to-lead-labor-department/ |access-date=2023-09-14 |website=U-High Midway |publisher=University of Chicago Laboratory Schools}}

Scalia enrolled at the University of Virginia, where he graduated in 1985 with a Bachelor of Arts (B.A.) with distinction in economics and a minor in political science. He worked for the U.S. government for two years, then attended the University of Chicago Law School, where he became editor-in-chief of the University of Chicago Law Review. He graduated in 1990 with a Juris Doctor (J.D.), cum laude.{{Cite web|url=http://www.dol.gov/sol/info_about_sol/solicit5.htm|title=Information About the Solicitor of Labor|website=U.S. Department of Labor|archive-url=https://web.archive.org/web/20020612211837/http://www.dol.gov/sol/info_about_sol/solicit5.htm|archive-date=2002-06-12|access-date=2019-07-19}}

Early legal career

Scalia first entered government service in the United States Department of Education as an aide to William J. Bennett, the U.S. Secretary of Education, from 1985 to 1987. From 1992 to 1993, he served as Special Assistant to Attorney General William P. Barr. Scalia was in private practice in Washington, D.C., and Los Angeles, California. In 2000, his firm, Gibson Dunn, represented George W. Bush before the U.S. Supreme Court in Bush v. Gore.{{cite news|last=Zuckman|first=Jill|url=https://www.chicagotribune.com/2000/11/29/justice-scalias-son-a-lawyer-in-firm-representing-bush-before-top-court/|title=Justice Scalia's Son A Lawyer In Firm Representing Bush Before Top Court|newspaper=Chicago Tribune|date= 2000-11-29|access-date= 2017-11-14}}

Solicitor of Labor

He served as the Solicitor of Labor, having been appointed by President Bush in April 2001 and assuming the position in January 2002 following a recess appointment.{{cite news|last=Marquis|first=Christopher|url=https://www.nytimes.com/2002/01/12/us/bush-bypasses-senate-on-2-more-nominees.html|title=Bush Bypasses Senate on 2 More Nominees|work=The New York Times|date= January 12, 2002 |access-date= 2015-05-17}}

At the time, he was accused by Democratic senators and labor groups of being hostile to workers and criticized for his articles criticizing ergonomics.{{cite news|last=Clymer|first=Adam|url=https://www.nytimes.com/2001/10/03/us/parties-struggle-in-senate-over-labor-dept-nominee.html|title=Parties Struggle in Senate Over Labor Dept. Nominee|work=The New York Times |date= 2001-10-03|access-date= 2015-05-17}}{{Cite news |url=https://www.washingtonpost.com/business/economy/eugene-scalia-has-defended-wall-street-walmart-and-seaworld-now-hes-trumps-pick-for-labor-secretary/2019/07/19/6f2819f0-aa55-11e9-a3a6-ab670962db05_story.html|title=Eugene Scalia has defended Wall Street, Walmart and SeaWorld. Now he's Trump's pick for labor secretary | author=Jeff Stein| author2=Rachel Siegel|date=2019|newspaper=The Washington Post}}

A group of former career officials within the Department of Labor have since described Scalia as having been "very supportive of enforcement litigation to vindicate the rights of workers, both at the trial and appellate levels".{{Cite web|url= https://www.bloomberg.com/news/articles/2019-09-03/scalia-has-ex-officials-support-as-trump-s-labor-secretary-pick |title= Scalia Has Ex-Officials' Support as Trump's Labor Secretary Pick |website=Bloomberg | date=2019-09-03 | first1 = Josh | last1 = Wingrove | first2= Benjamin | last2 = Penn }} In 2019, The New York Times wrote that Scalia "is perhaps best known for his opposition to a regulation that would have mandated greater protections for workers at risk of repetitive stress injuries". The regulation was repealed by Congress in 2001.{{Cite web|url=https://www.osha.gov/archive/ergonomics-standard/archive.html|title=OSHA Ergonomics Background Page|website=www.osha.gov}}

Private legal practice

During his career in private practice, Scalia has defended major corporations against financial and labor regulations.{{Cite news|url=https://www.nytimes.com/2019/07/19/business/economy/eugene-scalia-labor-lawsuits.html|title=Trump's Labor Pick Has Defended Corporations, and One Killer Whale|last=Scheiber|first=Noam|date=2019-07-19|work=The New York Times|access-date=2019-07-22|issn=0362-4331}}{{Cite news|url=https://www.wsj.com/articles/labor-secretary-pick-eugene-scalia-has-strong-antiregulation-record-11563555638|title=Labor Secretary Pick Eugene Scalia Has Long Fought Rules Aimed at Business|last=Ackerman |first=David Harrison and Andrew|website=The Wall Street Journal|date=July 19, 2019 |language=en-US|access-date=2019-07-22}}

Writing in The New Yorker, Eyal Press said: "as a corporate lawyer, Scalia has repeatedly hindered the efforts of workers to secure benefits or defend their rights."{{Cite magazine |last=Press |first=Eyal |title=Trump's Labor Secretary Is a Wrecking Ball Aimed at Workers |url=https://www.newyorker.com/magazine/2020/10/26/trumps-labor-secretary-is-a-wrecking-ball-aimed-at-workers |access-date=2020-10-25 |magazine=The New Yorker |language=en-us}} After leaving the Bush administration, he helped Wall Street firms oppose financial oversight and criticized banking regulations put in place under Obama.

Scalia argued for the plaintiffs in Wal-Mart v. Maryland in July 2006, which invalidated a state law under which large companies with at least 10,000 employees would have been required to spend at least 8% of their payroll on employee healthcare.{{cite news|url=https://www.washingtonpost.com/wp-dyn/content/article/2006/07/19/AR2006071901145.html |title='Wal-Mart Law' in Md. Rejected By Court|newspaper=The Washington Post|date= 2006-07-20|access-date= 2016-02-22}}

Following his term as Secretary of Labor, Scalia returned to private practice at Gibson Dunn, where he is co-chair of the firm's administrative law and regulatory practice group.{{cite news |last1=Strom |first1=Roy |date=March 30, 2021 |title=Ex-Labor Secretary Eugene Scalia Returns to Gibson Dunn (1) |url=https://news.bloomberglaw.com/business-and-practice/ex-labor-secretary-eugene-scalia-returns-to-gibson-dunn |access-date=20 September 2021 |work=Bloomberg Law |language=en}}

Secretary of Labor (2019–2021)

= Nomination and confirmation =

On July 18, 2019, President Donald Trump announced he would nominate Scalia to be the next Secretary of Labor.{{cite news |last1=Lucey |first1=Catherine |last2=Andrews |first2=Natalie |date=2019-07-18 |title=Trump to Nominate Eugene Scalia to Serve as Labor Secretary |work=The Wall Street Journal |url=https://www.wsj.com/articles/trump-to-nominate-eugene-scalia-to-serve-as-labor-secretary-11563495481?mod=djemalertNEWS |access-date=July 18, 2019}} On September 26, 2019, the Senate confirmed his nomination by a vote of 53–44.{{cite web|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=116&session=1&vote=00313|title=U.S. Senate Roll Call Votes 116th Congress - 1st Session|date= 2019-09-26|website=U.S. Senate|publisher=Government Publishing Office|access-date= 2019-09-28}}{{Cite web |last=Rainey |first=Rebecca |date=2019-09-26 |title=Senate confirms Eugene Scalia for Labor secretary |url=https://www.politico.com/news/2019/09/26/senate-confirms-eugene-scalia-for-labor-secretary-003848 |access-date=2023-09-14 |website=Politico |language=en}} Scalia was sworn in by Vice President Mike Pence on September 30.{{Cite web|url=https://news.bloomberglaw.com/daily-labor-report/eugene-scalia-sworn-in-as-28th-labor-secretary|title=Eugene Scalia Sworn In as 28th Labor Secretary|website=Bloomberg Law}} Scalia is the only person to have served as both Solicitor and Secretary of Labor.{{Cite press release|date=2021-03-30|title=Gibson Dunn {{!}} Former U.S. Secretary of Labor Eugene Scalia Returns to Gibson Dunn|url=https://www.gibsondunn.com/former-u-s-secretary-of-labor-eugene-scalia-returns-to-gibson-dunn/|access-date=2021-07-15|website=Gibson Dunn|language=en-US}}

During his tenure in the Department of Labor, he weakened some labor and employment protections, drawing criticism from organized labor leaders.{{Cite news |last=Wiessner |first=Caroline Spiezio, Daniel |date=2021-03-31 |title=Former U.S. labor secretary Scalia returns to Gibson Dunn |url=https://www.reuters.com/article/lawyer-moves-scalia-idUSL1N2LT03O |access-date=2021-07-15 |work=Reuters |language=en}}{{Cite web|last=Elejalde-Ruiz|first=Alexia|title=Biden expected to usher in an era of worker-friendly labor policies|url=https://www.chicagotribune.com/business/ct-biz-biden-employment-workplace-changes-20201125-pwgg6wuclrhd7h2fmdu5a5wvpe-story.html|access-date=2021-07-15|website=Chicago Tribune|date=November 25, 2020 }}

Janet Herold, an Obama-era career appointee to the Labor Department, spearheaded a number of employment discrimination lawsuits against major technology companies, including the Oracle Corporation. In 2019, Herold filed a complaint in which she alleged that Scalia had abused his authority by intervening to settle a 2017 Labor Department lawsuit in which Oracle was being investigated for allegedly underpaying women and people of color.{{cite news |last1=Penn |first1=Ben |last2=Smith |first2=Paige |title=Federal Litigator Behind Oracle Lawsuit Being Reassigned by DOL |url=https://news.bloomberglaw.com/daily-labor-report/federal-litigator-behind-oracle-lawsuit-being-reassigned-by-dol |access-date=20 September 2021 |work=Bloomberg Law |date=August 10, 2020 |language=en}} Scalia encouraged a settlement figure between $17 million and $38 million, which Herold considered too low. Oracle went on to win the case, with the Department of Labor deciding not to appeal the decision.{{Cite web|title=DOL won't appeal loss in $400M Oracle pay bias suit|url=https://www.hrdive.com/news/judge-shuts-down-labor-department-400-oracle-pay-bias-suit/585993/|access-date=2021-02-22|website=HR Dive|language=en-US}} The Department of Labor dismissed Herold's complaint against Scalia, saying that Herold's "retaliation allegations rest on erroneous speculation regarding matters she is not in a position to know" and that Scalia had not participated in settlement discussions with Oracle.{{cite news |last1=Coleman |first1=Justine |title=Department of Labor dismisses allegations that secretary abused his power in pay discrimination case |url=https://thehill.com/homenews/administration/529085-department-of-labor-dismisses-federal-litigator-allegations-that |access-date=20 September 2021 |work=The Hill |date=7 December 2020 |language=en}} Herold was fired by Scalia in January 2021 after refusing to accept a transfer to a non-legal position.{{cite news |last1=Penn |first1=Ben |title=Labor Department's Scalia Axes Top Oracle-Case Lawyer Herold (2) |url=https://news.bloomberglaw.com/daily-labor-report/labor-departments-scalia-fires-lead-oracle-case-lawyer-herold |access-date=20 September 2021 |work=Bloomberg Law |date=January 11, 2021 |language=en}}{{cite news |last1=Penn |first1=Ben |title=Litigator Who Sued Oracle Exits DOL for Second Time This Year |url=https://news.bloomberglaw.com/daily-labor-report/litigator-who-sued-oracle-exits-dol-for-second-time-this-year |access-date=20 September 2021 |work=Bloomberg Law |date=March 30, 2021 |language=en}}

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| image1 = Swearing-in Ceremony for Labor Secretary Eugene Scalia (48823114616).jpg

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| caption1 = Scalia being sworn in as U.S. Secretary of Labor in 2019

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