Bloomberg Tax: High Court Poised to Aim at Regulatory Power With New Trump Pick
This excerpt is from a piece originally ran by Bloomberg Tax on September 22, 2020.
Ginsburg was one of the four Democratic appointees who dissented in 2018’s Epic Systems v. Lewis, in which the 5-4 majority ruled employers can force employees into individual arbitration instead of banding together in class-action suits.
Authored by Justice Neil Gorsuch early in his high court tenure, it’s the type of decision that Daniel Goldberg, legal director of the progressive Alliance for Justice, says is indicative of how the potential justices on Trump’s short list, like Amy Coney Barrett and Barbara Lagoa, would rule. Another shortlister, Allison Jones Rushing, represented some of the corporate interests in the case, Goldberg said.