Submission + - U.S. Supreme Court EPA Ruling Cited in Challenge to DOJ's OPT Authority
It's the latest salvo fired in tiny WashTech's ongoing OPT legal battle that pits it against the U.S. DOJ, an alliance of 60 businesses, trade associations, and organizations (led by Mark Zuckerberg's billionaire-backed FWD.us PAC), and 150+ U.S. universities and colleges whose attorneys have filed Amicus Briefs with the Court in support of Optional Practical Training. Attorneys for some of the nation's largest tech, trade, and manufacturing lobbying groups have also been granted leave by the Court to intervene as defendants in the case to help the DOJ quash WashTech. "Members of ITI would incur significant direct and indirect costs if the OPT program were declared unlawful," argued lawyers in 2019 on behalf of the Information Technology Industry Council, whose members include Amazon, Apple, Facebook (Meta), Google, and Microsoft. "Member companies would lose thousands of employees who depend on OPT for employment authorization. Those businesses would face significant costs in hiring new workers to fill these critical jobs."
The July 15th DOJ response to the WashTech filing appeared to suggest (IANAL) to the Court that any comparisons to the EPA ruling should be ignored, since that was an "extraordinary case" involving a potentially huge economic impact. While the DOJ filing did not attempt to estimate the economic impact of filling the "773,844 active online job postings" for open computing jobs that was cited as important in the 2021 Amicus Brief in support of OPT signed by tech companies and others, the CEO of tech giant-bankrolled nonprofit Code.org estimated the value of filling just 500K tech jobs at $1.7 trillion in a 2017 pitch ("A trillion-dollar opportunity for America") for Federal support of K-12 computer science education to the incoming Trump administration (in 2012, Microsoft President and Code.org Board member Brad Smith unveiled the company's National Talent Strategy, "a two-pronged approach that will couple long-term improvements in STEM education in the United States with targeted, short-term, high-skilled immigration reforms" to address tech workforce needs). The importance of OPT to the economy was also underscored in the Amicus Brief signed by the universities and colleges, which advised the Court that "the labor market would lose 443,000 jobs" even if OPT was not eliminated but just reduced to 40% of its current size.