Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care and Life Sciences practices, in the firm’s Washington, DC, office, was quoted in Law360, in “Attorneys Weigh in on Obama’s Supreme Court Pick.” (Read the full version – subscription required.)
Following is an excerpt:
“Assuming that Judge Garland can get a confirmation hearing, a positive committee vote and a successful floor vote — all problematic given the stated positions of Senators Grassley and McConnell — one safely should be able to say that a Justice Garland would be a centrist judge who leans towards the more-liberal in certain kinds of cases, notably those that involve employment and civil rights issues. He would be less likely than Justice Scalia to take a narrow view of standing, pleading standards and class action certification. He also would be more likely to take a narrow view of arbitration clauses preempting judicial actions. …”