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The 5th U.S. Circuit Court of Appeals, responding to a filing by the Department of Labor (DOL), has agreed to an expedited schedule for a review of a Texas federal judge's injunction blocking the DOL's overtime rule that was set to take effect Dec. 1.
Under the expedited process, the DOL must file its opening brief by Dec. 16, with amicus (friendly) briefs due a week later.
Now for the clincher: the 21 states that filed the original lawsuit that led to the injunction have until Jan. 17, 2017, to file their briefs, with amicus briefs due by Jan. 24. The DOL then would have until Jan. 31 to file a counter brief.
Meanwhile, Donald Trump will by then have become president, and it's unclear if he would support either the overtime rule or the legal action to overturn the injunction on the rule.