Garland has had a reputation for years as a judge who takes the federal agencies’ sides. “Judge Garland has strong views favoring deference to agency decision makers,” legal scholar Tom Goldstein wrote when Garland’s name was mentioned as a possible nominee back in 2010. “In a dozen close cases in which the court divided, he sided with the agency every time. “Merrick Garland: the rubber stamp of the Administrative State.
But Washington lawyer Reuben Guttman, an expert on FDA law, suggested that Garland would still ask the agencies to justify their arguments.
“While it is always difficult to predict with precision how a judge will opine when seated on the Supreme Court, my sense is that Judge Garland fully respects the role of expert agencies like the FDA, but at the same time will rigorously look behind their decisions to determine whether they are governed by the proper administrative process,” he said.
Thursday, March 17, 2016
Obama's Supreme Court Nominee Has a History of Siding With Health Agencies.
STAT reports: