Another Look at Presidential Politics–Predictions for the Workplace–Hillary on Supreme Court

It’s arguable that nothing is more important for the workplace or employment law than who’s on the U.S. Supreme Court. Laws can be passed or changed, but until the Supreme Court has interpreted them–sometimes more than once–their exact meaning is somewhat up in the air.

During the next four years, it’s likely that the President will nominate new justices. At present, the Court consists of Chief Justice John Roberts, age 53, appointed by President George W. Bush; Justice John Paul Stevens, age 87, appointed by President Ford; Justice Antonin Scalia, age 71, appointed by President Reagan; Justice Anthony Kennedy, age 71, appointed by President Reagan; Justice David Souter, age 68, appointed by President George H. W. Bush; Justice Clarence Thomas, age 59, appointed by President George H. W. Bush; Justice Ruth Bader Ginsburg, age 74, appointed by President Clinton; Justice Stephen Breyer, age 69, appointed by President Clinton; and Justice Samuel Alito, age 57, appointed by President George W. Bush.

Generally speaking, Roberts, Scalia, Kennedy, Thomas and Alito are thought to be pro-employer when it comes to employment cases. Stevens, Souter, Ginsburg and Breyer are thought to be pro-employee. Remember, however, that’s a big generalization.

Who would Senator Clinton appoint if she became President? No way to know, although pundits and Supreme Court watchers could probably come up with a likely list. But they would be guessing.

What we know for sure is that she voted against Roberts and Alito, two of the more conservative members of the Court. But note, both Roberts and Alito voted against the employer in the recent case of Federal Express v. Holowecki (click here for more on this case). We can also assume that Senator Clinton was supportive of President Clinton’s appointment of Justices Ginsburg and Breyer.

The issue of Supreme Court appointments is sometimes overlooked when we’re making predictions for the workplace in a presidential election. It’s an issue harder to be as certain about as others, but it’s definitely one that should be considered.

1. 

   John Phillips says:

   March 9, 2008 at 1:21 pm

   Thanks for inlcuding me in another good carnival.