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TEXAS v. E.E.O.C.

No. 18-10638.

933 F.3d 433 (2019)

State of TEXAS, Plaintiff-Appellee Cross-Appellant, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION; Janet Dhillon, in her official capacity as Acting Chair of the EEOC; William P. Barr, U.S. Attorney General, in his official capacity as Attorney General for the United States, Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED August 6, 2019.

Attorney(s) appearing for the Case

Jason R. LaFond , Office of the Attorney General for the State of Texas, Austin, TX, for Plaintiff-Appellee Cross-Appellant.

Stephanie Robin Marcus , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, for Defendants-Appellants Cross-Appellees Equal Employment Opportunity Commission, Janet Dhillon, and William P. Barr.

Leah Camille Aden, Esq. , NAACP, Legal Defense & Educational Fund, Incorporated, New York, NY, Philip Hernandez , National Employment Law Project, Berkeley, CA, for Amici Curiae.

Before SMITH, WIENER, and ELROD, Circuit Judges.

Texas sued the Equal Employment Opportunity Commission ("EEOC") and the Attorney General ("Defendants"), challenging EEOC's guidance on employers' use of criminal records in hiring. Texas alleged that guidance constituted an unlawfully promulgated substantive rule and sought to enjoin its enforcement. The state also...

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