NATIONAL LEAGUE OF CITIES Et Al. v. BRENNAN, SECRETARY OF LABOR
Headline: New federal rules affecting police, firefighters, and prison security are temporarily blocked; enforcement paused while the full Court reviews challenges brought by states, cities, and local officials.
Holding: Acting as an individual Circuit Justice, the Chief Justice temporarily stayed enforcement of portions of the 1974 Fair Labor Standards Act amendments and related Labor Department regulations affecting public safety employees, pending full Court review.
- Pauses enforcement of new rules for public safety employees nationwide until full Court review.
- Gives states and cities temporary relief from implementing the Labor Department regulations.
- Requires the Solicitor General to file a response by January 8, 1975.
Summary
Background
A group made up of States and municipalities, the National League of Cities, and the National Governors’ Conference asked a court to stop parts of the 1974 Amendments to the Fair Labor Standards Act and related Labor Department regulations. The regulations at issue (29 CFR Part 553, 39 Fed. Reg. 44142) address employees of public agencies engaged in fire protection or law enforcement activities, including security personnel in correctional institutions. The suit was filed in the United States District Court for the District of Columbia on December 12, 1974.
Reasoning
A three-judge District Court heard arguments December 30, 1974, and denied a preliminary injunction the next day, saying the case raised a difficult constitutional question but that it felt bound by an earlier decision (Maryland v. Wirtz). Because the new regulations were due to take effect January 1, 1975, the Chief Justice acting as Circuit Justice reviewed the matter late on December 31. Balancing the immediate harm from enforcement against the harm to the applicants if they ultimately prevailed, and noting the widespread effect on state and local governments and the novelty of the questions, he decided not to make a final ruling alone.
Real world impact
The Chief Justice entered an interim order granting the requested relief and paused enforcement of the challenged parts of the 1974 Amendments and regulations until the full Court can review the application. The case is referred to the full Court, and the Solicitor General was directed to file any response by January 8, 1975. The pause is temporary and subject to the full Court’s later decision.
Ask about this case
Ask questions about the entire case, including all opinions (majority, concurrences, dissents).
What was the Court's main decision and reasoning?
How did the dissenting opinions differ from the majority?
What are the practical implications of this ruling?