Law Experts Shoot Down ‘Silly’ ‘Nonsense’ Attacks On Merrick Garland As Anti-Business

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Publish Date:
April 21, 2016
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Media Matters
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Summary

Earlier this month, the Koch-backed National Federation of Independent Business (NFIB) released a “scorecard” of Garland’s rulings as a judge on the D.C. Circuit. The group claimed its scorecard proved Garland “is quantifiably biased in favor of regulatory agencies and against private sector businesses” because he often ruled in favor of several government agencies.

But as Media Matters previously explained, the scorecard is misleading and not evidence that the nominee is somehow outside of the legal mainstream. In fact, many of the decisions NFIB highlighted for criticism were rulings in which Garland was joined by Republican-appointed judges, and the conservative group’s attempt to provoke outrage over Garland’s record ignores crucial legal context.

Joseph A. Grundfest, a law professor at the Stanford Law School, added that Garland’s opinions are “entirely unremarkable and reflect no bias either for or against regulatory agencies or private sector entities.”

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