Judge Merrick Garland Not a Friend to Small Businesses

President Obama’s decision to nominate Judge Merrick Garland to the Supreme Court is not being received well by the National Federation of Independent Business (NIFB). NFIB CEO Juanita Duggan stated earlier this month, “He (Garland) is quantifiably biased in favor of regulatory agencies and against private sector businesses. His record speaks for itself and elevating him to the Supreme Court would put small business and the economy at great risk.”

Judge Garland’s record seems to favor regulatory agencies like the National Labor Relations Board (NLRB) over businesses. In a 2006 case between Ceridian Corp v. NLRB, Garland ruled in favor of the NLRB writing that the Court of Appeals should not reverse the labor agency’s findings unless its conclusions are “hopelessly incredible, self-contradictory, or patently unsupportable.” Judge Garland sided with the NLRB in 18 out of 22 labor dispute cases he heard. Even in the other four cases Garland partial ruled in favor of the federal labor union agency.

The NFIB is involved in three upcoming Supreme Court cases dealing with the EPA’s Waters of the U.S. rule, the Clean Power Plan rule, and the NLRB’s new ambush election rule. Businesses of all sizes should be concerned about the possibility of Supreme Court Justice Merrick Garland. Senate Republicans should stand with the business community and reject Judge Garland’s nomination to the Supreme Court.

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