Eugene Scalia

Eugene Scalia is an American attorney who served as the 28th United States Secretary of Labor from September 2019 until January 2021, during the final sixteen months of President Donald Trump’s first term. Prior to that appointment, he held the position of Solicitor of Labor under President George W. Bush from 2002 to 2005. Born in Cleveland, Ohio, Scalia is the son of former Supreme Court Associate Justice Antonin Scalia and Maureen McCarthy Scalia. His career has spanned both public service within federal departments and private practice at a prominent law firm.

Early life and career

Eugene Scalia entered the world on 14 August 1963 in Cleveland, Ohio. He was the second of nine children born to Antonin Scalia—who would later serve on the United States Supreme Court—and his wife Maureen McCarthy. During his formative years he attended the University of Chicago Laboratory Schools, where he graduated in 1981. While a student there, he contributed as an editor to the school newspaper *U‑High Midway*, publishing a column titled “Blind Side.” His extracurricular activities included soccer and debate, and he was elected vice‑president of the disciplinary board—a position he secured by defeating future U.S. Secretary of Education Arne Duncan.

Scalia continued his education at the University of Virginia, earning a Bachelor of Arts with distinction in economics in 1985, accompanied by a minor in political science. After completing his undergraduate studies, he spent two years working for the federal government before enrolling at the University of Chicago Law School. At Chicago, he served as editor‑in‑chief of the *University of Chicago Law Review* and graduated cum laude with a Juris Doctor degree in 1990.

His early legal career began in public service. From 1985 to 1987, Scalia worked as an aide to William J. Bennett, who was then U.S. Secretary of Education. He later served as Special Assistant to Attorney General William P. Barr during 1992–1993. Following these roles, he entered private practice, working in Washington, D.C., and Los Angeles for a period that included representation of President George W. Bush before the Supreme Court in the 2000 case *Bush v. Gore* while at Gibson Dunn.

In April 2001, President Bush appointed Scalia as Solicitor of Labor; he formally assumed office in January 2002 after a recess appointment. During his tenure, Democratic senators and labor advocacy groups raised concerns about his perceived hostility toward workers, particularly citing articles that criticized ergonomics standards. Nonetheless, former career officials within the Department of Labor have described him as supportive of enforcement litigation to protect worker rights at both trial and appellate levels. He is noted for opposing a regulation that would have mandated greater protections for employees at risk of repetitive stress injuries; this regulation was later repealed by Congress in 2001.

After leaving the Bush administration, Scalia returned to private practice. In the corporate arena he represented major firms against financial and labor regulations. Notably, he argued on behalf of Wal‑Mart in *Wal‑Mart v. Maryland* (July 2006), a case that invalidated a state law requiring large employers to allocate at least 8% of payroll toward employee health care. Upon the conclusion of his term as Secretary of Labor, Scalia rejoined Gibson Dunn, where he serves as co‑chair of the firm’s administrative law and regulatory practice group.

Cabinet tenure

President Donald Trump announced on 18 July 2019 that he would nominate Eugene Scalia to serve as United States Secretary of Labor. The Senate confirmed the nomination on 26 September 2019 by a vote of 53–44, after which Scalia was sworn into office on 30 September 2019 by Vice President Mike Pence. He is uniquely positioned as the only individual who has held both the Solicitor and Secretary roles within the Department of Labor.

During his tenure, Scalia reversed several labor and employment regulations that had been enacted during the preceding administration. His approach was characterized by a broad pro‑business stance and an emphasis on reducing regulatory burdens for employers. This direction drew criticism from organized labor leaders who argued that certain protections for workers were weakened.

An incident involving former career appointee Janet Herold illustrates some of the controversies surrounding his leadership. In 2019, Herold filed a complaint alleging that Scalia had abused his authority by intervening in a 2017 Department of Labor lawsuit against Oracle Corporation, which investigated alleged underpayment of women and people of color. Scalia reportedly encouraged a settlement figure between $17 million and $38 million; Herold considered the amount too low. The Department dismissed her complaint, stating that it was based on erroneous speculation regarding matters she could not know. In January 2021, following Herold’s refusal to accept a transfer to a non‑legal position, Scalia terminated her employment.

The New York Times described him during his service as “a skilled lawyer with a broadly conservative, pro‑business and anti‑regulatory agenda.” His tenure was marked by efforts to roll back regulations that had expanded worker protections in the previous administration.

Legacy

Eugene Scalia’s legacy within U.S. labor policy is defined largely by his role in reversing regulatory measures introduced during the Obama era. As Secretary of Labor, he pursued a program of deregulation aimed at reducing what he and his administration viewed as burdensome requirements on employers. His actions contributed to a broader shift toward a more business‑friendly regulatory environment for labor issues.

Scalia’s unique experience—serving both as Solicitor and Secretary of Labor—provides him with an uncommon perspective on the department’s legal and administrative functions. After leaving public office, he returned to Gibson Dunn, where he continues to influence policy through his leadership in the firm’s administrative law and regulatory practice group. His career reflects a consistent focus on representing corporate interests within both governmental and private sectors.

In sum, Eugene Scalia’s professional trajectory illustrates a sustained engagement with labor law from multiple angles: as an aide in the Department of Education, as a legal advocate for federal agencies, as a regulator within the Department of Labor, and as a senior attorney in private practice. His tenure as Secretary of Labor is noted for its emphasis on reducing regulatory oversight and for the controversies that accompanied significant policy reversals.