Supreme Court Pick Garland's Track Record Less Friendly to Business

The article, “Supreme Court Pick Garland's Track Record Less Friendly to Business,” featured in Business Insurance, discussed how Judge Merrick Garland's tendency to defer to regulatory agencies makes his possible appointment to the U.S. Supreme Court problematic for employers.

Steve Bernstein weighed in on his take of the nominee.

“Based on his track record, I would say that employers should have concerns as to whether he's likely to be as sympathetic as they would like,” said Steve.

Steve said of Judge Garland's 22 decisions where the National Labor Relations Board was a party, 18 favored the NLRB and of the four others, two favored the union rather than the employer, he noted. That is a “pretty big percentage when compared against the backdrop of the cases issued by the court during that period of time,” said Steve.

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