appointing these two labor champions to the nlrb is a great way to start. and to the american people, the confirmation today of these two nlrb labor champions is a direct result of having a democratic majority in the senate versus having a republican majority. under leader mcconnell, the nfl typically divided between -- the nlrb, none of them with experience in labor policy. they are against working people and helped management and the big bosses prevent people from organizing and making it harder to stay organized if you weren't. it was awful, and it's one of the reasons middle-class incomes have not accelerated in the last two decades. in fact, the republicans were so intent on not having the nlrb defend the rights of working people that under leader mcconnell, a democratic seat on the nlrb was held vacant for nearly three years. if the american people want to know which side each party is on, look at the nlrb, democrats promote prolabor people who fight for higher salaries, higher health benefits; republicans making sure the nlrb doesn't function and all

they will come up with something closer to the a b -- the nlrb approach. the more important question is, how does this affect other land use regulations? at what point do they become takings? as we go forward i think we'll start seeing it characterized more as an environmental case or , you know, a public safety case. property cases are hard to describe to an audience. mr. malcolm: adam, anything to add to that? mr. liptack: no. mr. malcolm: you think there is any kind of an appetite to revisit kilo? >> it was a cert denial with three justices. it was gorsuch, thomas, and kavanaugh. alito, no. maybe with the right people, but i think this is the moment if you want to see kilo, i cannot imagine there are five votes to keep kilo on the books. mr. malcolm: question back here? >> i have a question about 10 then and fulton and how they relate to each other. is there anyway we can understand what happened in fulton to be informed by what had just happened on the shadow docket with attendant -- with attendant? what is the relationship between those two cases and

they will come up with something closer to the a b -- the nlrb approach. the more important question is, how does this affect other land use regulations? at what point do they become takings? as we go forward i think we'll start seeing it characterized more as an environmental case or , you know, a public safety case. property cases are hard to describe to an audience. mr. malcolm: adam, anything to add to that? mr. liptack: no. mr. malcolm: you think there is any kind of an appetite to revisit kilo? >> it was a cert denial with three justices. it was gorsuch, thomas, and kavanaugh. alito, no. maybe with the right people, but i think this is the moment if you want to see kilo, i cannot imagine there are five votes to keep kilo on the books. mr. malcolm: question back here? >> i have a question about 10 then and fulton and how they relate to each other. is there anyway we can understand what happened in fulton to be informed by what had just happened on the shadow docket with attendant -- with attendant? what is the relationship between those two cases and

moreover, that is an issue that's been addressed by the national labor relation agency, nlrb, and this is also a universal act. by states, private and public universities are viewed different on that question. i don't see the need to discuss an nil bill, just like other things we've discussed are separate from an nil bill. dr. emmert, i don't view that as a clarification, i view that as a massive change. >> thank you very much. >> senator thune. >> thank you, madam chair, welcome to the panel. this is a complicated subject and one i wish the ncaa could have figured out because there are certain things the federal government does well and certain things the federal government doesn't do well. this strikes me as something we may not do well, so i'm interested in hearing from you about what you think a professional should become law, and obviously conferences don't follow state lines. we've got lots of multi-state conferences that could have different laws in place. so it seems to me that now we're in a position where we have to do something. but what we do is still appoint of discussion.

there's been an empty democratic seat on the nlrb for nearly three years. and there wasn't a single democrat on the board from late 2019 until mid-2020. that obstruction tipped the scales of justice in favor of big corporations and workers have suffered the consequences. when workers stand together to form a union, it is the nlrb that makes sure the election is fair. if a worker is fired or unfairly punished because they want to join or form a union, the nlrb is tasked with protecting the rights. if companies refuse to negotiate fairly with unions fighting for higher wages and better benefits or a secure retirement or safer working conditions, it is the nlrb that protecting unions and union workers who have helped build our country's middle class. working families simply cannot afford an nlrb that fails to protect workers' rights when they are threatened. so we've got to confirm nominees like jennifer abruzzo who will protect workers' rights and make sure their voices are heard. if we're serious about building back a stronger, fairer economy, if we're serio