posted on 17 April 2016
Garland's Scorecard: 90 Percent Against Business, 77 Percent For Regulators, EPA And Unions Undefeated
from the National Federation of Independent Business
The National Federation of Independent Business (NFIB) released its comprehensive scorecard on Supreme Court nominee Judge Merrick Garland, and the findings shatter his supporters' claim that he's a down-the-middle moderate.
Said NFIB President and CEO Juanita Duggan:
NFIB released its Scorecard on Judge Garland after having examined hundreds of cases and thousands of pages, a massive research project. In all cases involving federal agencies, the Judge ruled in their favor 77 percent of the time. On the other hand, when businesses came before the Judge they lost 90 percent of the time.
In labor cases, Garland agreed with federal agencies 79 percent of the time. Within that category, businesses lost 95 percent of those cases. Labor unions, in contrast, have an unbroken winning streak with Garland. They've won every single time.
His record is just as one-sided when it comes to environmental regulators. In those cases, Garland agreed with the agencies nine out of 10 times. Environmental groups won 62 percent of their cases before the Judge. Businesses? They're 0-11. Says Duggan:
Duggan warned that the Supreme Court is supposed to be a check against runaway executive power. Given his record, small businesses cannot reasonably expect Judge Garland to adopt a more balanced view if he were to reach the high court.
Garland has served as a judge on the DC Court of Appeals since 1997, where he has decided over 150 cases on regulatory issues. In those cases, he sided with private parties rarely. He ruled against commercial actors 86 times and issued seven split-decisions giving partial wins to the government and business actors. But in only six cases did he rule fully in favor of commercial actors in cases against the federal government. That amounts to a 90 percent win-rate for the government over the private sector.
Below are the findings of the NFIB Scorecard on Judge Merrick Garland. The full report can be viewed here at www.nfib.com.
JUDGE MERRICK GARLAND
Total federal agency winning percentage: 77%
90% against commercial actors: (86 Wins - 6 Losses - 7 Split Decisions)
Civil Justice Reform Scorecard:
Other Regulatory Scorecard:
Federal Agency Scorecard:
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