Lets look at one example: the persuader rule. In 2011, the Labor Department proposed the following rule : If a company consulted an attorney about a unionization matter, the name of that attorney had to be made public, along with all the attorneys other clients, and the amounts that the other clients had paid to the attorney. I asked an attorney acquaintance what he thought of the proposal. They cant do that, he told me. Thats impossible. It turned out that the attorney was right, but it took five years and millions of dollars in legal fees to prove it. The final rule was due to go into effect in July 2016. But in late June, Senior U.S. District Judge Sam R. Cummings in Lubbock, Texas, placed a temporary hold. He wrote that it was defective to its core and violates free speech and association rights protected by the First Amendment. He permanently blocked it Nov. 16.
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