The Summer/Fall 2016 issue of Virginia Human Resources Today Magazine featured an article by Kara Maciel and Daniel Deacon, of Conn Maciel Carey’s national Labor & Employment Law Practice Group, regarding “The Impact of the 2016 Presidential Election on the Supreme Court and Employment Law.”
The article discusses the influence that the next President will have on shaping the Supreme Court – with the potential to nominate up to four new Supreme Court Justices – and the impact that this could have on employers, unions, and the workplace in the near future. In light of Justice Scalia’s death, the Court is more or less split between liberal and conservative Justices. The current political landscape leading up to the election suggests that Donald Trump will nominate a conservative justice that could step into Justice Scalia’s role on the bench as a heavy conservative justice and Hilary Clinton will nominate a candidate more akin to Justice Sotomayor – arguably one of the most liberal justices currently on the Supreme Court. The President’s ability to appoint the next Supreme Court justice to replace Justice Scalia and the potential to appoint three more will surely influence the law on several important labor and employment law issues including a union’s ability to collect fees from workers who do not join the union, the Affordable Care Act’s contraception mandate, and employer grounds to challenge class action lawsuits. Ultimately, there is a lot at stake in this year’s presidential election – not only will it determine who will lead the country’s executive functions and federal regulatory agendas, but it will also have a dramatic and long-standing impact on the future of the Supreme Court and judicial opinions impacting workers and workplace rights for years to come.
To read more on this interesting topic, here is a link to the full article in Virginia Human Resources Today Magazine.