The Fifth Circuit Court of Appeals has granted the Trump Administration’s request for a 60-day delay in considering the fiduciary rule cases that are currently on appeal before that court. That puts the court’s consideration of the case on track to be considered in mid-June at the soonest.

The request for delay impacts the ACLI/NAIFA case challenging the Department of Labor (DOL) fiduciary rule. This is the second request for a 60-day delay that the court has granted.

The appeal of the district court decision that stayed (effectively barred) DOL from enforcing the fiduciary rule was filed by the outgoing Biden Administration. The current Trump DOL argued that it needed more time to get fully up to speed on the case’s issues, especially as new agency leadership has only recently been confirmed.

Prospects: It is impossible to accurately predict what any court will do on any given issue, but given the partisan nature of the fiduciary rule’s support and opposition, many experts are predicting that ultimately the Trump DOL could withdraw the appeal.

NAIFA Staff Contacts: Diane Boyle – Senior Vice President – Government Relations, at dboyle@naifa.org; or Jayne Fitzgerald – Director – Government Relations, at jfitzgerald@naifa.org; or Mike Hedge – Senior Director – Government Relations, at mhedge@naifa.org.