Tom Scott, the California Executive Director of the National Federation for Independent Business (NFIB), writing in ocregister, says President Obama’s choice for the Supreme Court, Merrick Garland, has a history of ruling against small business, siding overwhelmingly with regulators, labor unions, trial lawyers and environmental activists.
Noting Judge Garland would defer to regulators as a Supreme Court Justice, Scott said on the circuit court Judge Garland has ruled in many cases involving the National Labor Relations Board (NLRB). In two cases he has ruled if employers are guilty of violations, their personal assets as well as their business assets should be penalized.
In Rancho Viejo, LLC v. Norton, in 2003, he ruled the federal government can regulate private property. In a Calif. case involving protecting a unique toad, he ruled the Constitution’s Commerce Clause has precedence over the property, even though the Commerce Clause deals with interstate commerce, of which the toad was not a part. Scott says Garland “twisted the Commerce Clause into a pretzel in order to rationalize federal regulation.”
The NFIB is a plaintiff in a case challenging the EPA Waters of the U. S. rule which mandates that small businesses must obtain federal approval to improve property that is near a body of water.
In another case involving the NFIB, the EPA Power Plan forces states to switch away from coal as a power source to another source of electricity, a move that will likely be very costly.
“After examining his record, it’s a fair assumption that Judge Garland would readily side with the government in both of these major cases. Small business knows where he stands. NFIB is firmly opposed to this nominee,” says Scott.
As MHProNews understands, however, if the new president is a Democrat, and Democrats retake the Senate, the choice for the Supreme Court could be more liberal. ##
(Photo credit: townhall–Judge Merrick Garland)
Article submitted by Matthew J. Silver to Daily Business News-MHProNews.