A former top federal labor official warned Monday that Supreme Court nominee Judge Merrick Garland has a history of bias and often made rulings that advanced union power.
President Barack Obama nominated Garland, currently sitting on the Court of Appeals for the D.C. Circuit, to the highest court March 16 with supporters touting him as a moderate. Garland has served on the court of appeals where he has heard a long list of cases, including disputed National Labor Relations Board (NLRB) decisions. Former NLRB Member Peter Schaumber warns Garland often sided with the board to help advance union power.
“Garland certainly on NLRB issues will defer to the agency even in circumstances that push the envelope,” Schaumber told The Washington Free Beacon. “In some respects [the NLRB] seems like a narrow issue but it says lot. He came down on the wrong side.”
Schaumber served as a board member from 2002 to 2010. The NLRB was created to help resolve workplace issues but it has been accused of severe political bias. Despite the accusations Garland almost always sided with the board even if its decision allegedly pushed the limits of progressive advocacy and union power.
“Judge Garland did not exercise his authority to correct the bureaucrats who misapply the law and fulfill the court’s duty to interpret the law,” Schaumber also noted. “Everything I’ve seen suggests he would do the same on the Supreme Court.”
Republicans and business leaders have noted concern the board has become increasingly biased in favor of unions throughout the Obama administration. In the past few years alone in has moved to change how union elections are held and decades worth of contracting law. OnLabor found that Garland ruled in favor of the board in 18 out of 22 cases.
Nevertheless his nomination has hit major setbacks with Senate Republicans vowing to block any Obama nominee. Garland was picked to replace the late Supreme Court Justice Antonin Scalia. Despite his moderate reputation Garland has also reportedly shown bias against gun rights and the military among other critical policy areas.
The NLRB told The Daily Caller News Foundation that as an independent agency it doesn’t comment on presidential nominees or nominations. The White House did not respond to a request for comment by TheDCNF.
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