ConfirmThem

By Marshall Manson Posted in SCOTUS — Comments () / Email this page » / Leave a comment »

Over at Red State, Pat Cleary explains why the National Association of Manufacturers endorsed John Roberts’ confirmation. Read every word. Pat’s post not only explains NAM’s decision, it makes the case for more businesses and business groups to find their voices in the judicial confirmation debate.

Unfortunately, with the exception of NAM, too many businesses and business groups have been or insufficiently active -- or silent all together -- on judicial nominations. But theirs is a critical voice. Though not enough realize it, the question of who sits on the federal bench effects them directly on a daily basis.

Businesses say that legal reform is a top priority. They have spent millions lobbying Congress, the President and state governments in favor of legal reform. But as I have written previously, any movement towards legal reform must include judicial reform. That means identifying and appointing judges who make decisions based on the law, even when that necessitates saying “no� to a sympathetic plaintiff. Unfortunately, over the past few decades, we’ve had too many judges who have been willing to cleverly craft interpretations of the law that would yield desirable outcomes. And that, as much as anything, has contributed to the massive increase in litigation that now costs businesses -- and, thereby consumers -- hundreds of billions of dollars each year.

More businesses need to get involved. They can speak out on their own or get behind groups like CFIF and others. Because, as Cleary explains, judicial selection isn’t just about the “social issues� that make business interests nervous. It’s about having a good, fair and predictable court system. And however you slice it, the present litigation boom, spurred on by malleable judges, is effecting businesses’ bottom line.