D.C. Circuit Judge Merrick Garland authored his first opinion from the federal bench since the end of his Supreme Court nomination.
Garland wrote the opinion of the D.C. Circuit Court of Appeals in a labor dispute in which the American Baptist Homes of the West, under the name Piedmont Gardens, was the subject of an unfair labor practice proceeding. The National Labor Relations Board determined that Piedmont Gardens improperly withheld information pertaining to an internal investigation that led to the firing of a nursing assistant. Garland’s opinion denied Piedmont Gardens’ petition for review and sided with the labor board, which is the federal government’s main labor law enforcement agency.
While Garland has largely faded from the public spotlight since President Trump tapped Justice Neil Gorsuch to fill the vacancy created by Justice Antonin Scalia’s death, he has remained active in influential legal circles and has served as a political football for senators. Garland spoke at an event commemorating 2nd Circuit Court of Appeals Judge Henry Friendly also featuring Chief Justice John Roberts shortly before Gorsuch’s confirmation. Utah Sen. Mike Lee later floated Garland’s name as a potential replacement for fired FBI Director James Comey, likely hoping to force Democrats to weigh their opposition to Trump against their support for Garland.
