Barrett’s Rulings Show Fairness in Employment Cases


David W. Garland, Member of the Firm and Chair of the firm’s National Employment, Labor & Workforce Management Steering Committee, authored an article in Law360, titled “Barrett’s Rulings Show Fairness in Employment Cases.” (Read the full version – subscription required.)

Following is an excerpt:

Judge Amy Coney Barrett, unlike President Donald Trump's prior two U.S. Supreme Court nominees, does not have a lengthy history of serving on the U.S. courts of appeals. Before their respective nominations, Justice Neil Gorsuch served for 11 years on the U.S. Court of Appeals for the Tenth Circuit and Justice Brett Kavanaugh served for 12 on the U.S. Court of Appeals for the District of Columbia Circuit.

Because of Judge Barrett's substantially shorter service, one would expect to find fewer opinions that she has authored on labor and employment issues. But during her relatively brief tenure on the U.S. Court of Appeals for the Seventh Circuit, not quite three years, Judge Barrett has nonetheless authored a number of opinions that provide some insight into her analysis of issues arising under various employment statutes. 

And it may be surprising to some that she has sided with employees in a number of those cases. Of course, one need not look any further than Justice Gorsuch's opinion earlier this year in Bostock v. Clayton County to be reminded that making predictions as to how a future Supreme Court justice might rule in a particular case should be done with some trepidation.