Business and the Supreme Court
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By Tom Donohue, President and CEO, U.S. Chamber of Commerce |
The selection of a U.S. Supreme Court justice is one of the most enduring—and impactful—decisions that a president can make. With the nomination of Judge Sonia Sotomayor to replace Associate Justice David Souter on the Supreme Court, President Obama could leave a mark on the federal judiciary that would last for decades. Consider that Justice John Paul Stevens, who was nominated to the Court by President Ford, has been on the bench for more than 33 years. The U.S. Chamber of Commerce was pleased that the president moved quickly to name a successor to Justice Souter and congratulates Judge Sotomayor on her nomination.
In recent years, the Supreme Court has played an increasingly important role in deciding issues that affect the business community and the health of the economy. On issues ranging from class action lawsuits to workplace regulations, the Court's decisions have consequences for businesses of all sizes. With up to half of the Supreme Court's cases being business related, the views of the nine justices are more significant than ever before.
As Judge Sotomayor's nomination moves forward, it is important that her opinions be carefully examined, with special attention given to what effect her views would have on economic growth and Main Street businesses. It is equally important that the next associate justice applies the law without bias. The American people deserve a judicial system that is fast, fair, and impartial.
The National Chamber Litigation Center (NCLC), the Chamber's public policy law firm, will conduct a close review of Sotomayor as the confirmation process unfolds in the Senate. NCLC and the Chamber follow a formal process to evaluate and endorse Supreme Court nominees.
In the coming days, Supreme Court litigators and business law experts on NCLC's constitutional law advisory committee will conduct a rigorous analysis of the candidate's legal decisions and scholarship to assess whether the nominee has a demonstrated understanding of business and economic issues. Based on the committee's assessment, NCLC's board of directors will recommend to the Chamber whether to endorse the nominee. The Chamber followed this policy in its endorsements of Chief Justice Roberts as well as Justices Alito, Breyer, Ginsburg, Souter, and Thomas.
As the Sotomayor confirmation process continues, small business owners and entrepreneurs should keep a close eye on the process. The outcome may impact their businesses for years to come.
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