Judge Garland’s Labor Record

Judge Merrick B. Garland, President Obama’s Supreme Court nominee of choice, is widely viewed as a centrist, but Littler Mendelson attorneys Michael J. Lotito and Greg Greubel say that with regard to labor and employment issues, that view is not accurate. Judge Garland, a former prosecutor who became widely know for his handling of the Oklahoma City bombing case, was appointed to the D.C. Circuit Court by President Clinton twice. He was rejected the first time in 1995 by Senate Republicans who argued there should be no appointment at all, but was confirmed when Clinton nominated him again in 1997. Looking at his history since then, the writers find that, despite his centrist reputation, Judge Garland’s positions on labor and employments matters, and in particular on administrative deference vis a vis the National Labor Relations Board, “are likely to give many employers pause.”