Note by Marjorie P. Dennard

This note explores the United States Court of Appeal for the Fifth Circuit's decision in Texas v. EEOC, 827 F.3d 372 (5th Cir. 2016), in which the Court held that the state of Texas had standing to challenge the EEOC's recent Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.