Dear NFIB Members,

Several weeks ago NFIB stepped out as the only major organization to oppose Judge Merrick Garland for the Supreme Court. It was the first time in our 73-year history that we’ve taken a position on a court nomination. In view of the growing number of cases we are leading in the courts, and considering their potential consequences, we have a moral obligation to our members to make a stand.

Very soon we will release a Scorecard on Judge Garland. It will quantify his record. That record will show a judge who believes that government is nearly always right and that private businesses are almost always wrong. It will show remarkable consistency as well: Whether it’s the EPA, the IRS, the DOL, or any one of
dozens of federal agencies before Judge Garland, he has almost always come down
on their side.

In a handful of cases Judge Garland sided against federal agencies. In most of those, however, the private party wasn’t a business, but an environmental group or a labor union seeking action against another private party.

To my knowledge, NFIB is the only organization actually to have researched Garland’s record. It’s obvious that President Obama hasn’t done so. He insists on describing the Judge as a moderate despite that he nearly
always rules in favor of government.

We’re finalizing the Scorecard on Judge Garland, and in the next few days we’ll release it to the media. I want every member of the U.S. Senate to get a copy as well. Judge Garland’s admirers can use whatever clever rhetoric they like, but it’s the record that matters.

In the meantime, thank you for your membership in NFIB. Please let us know about your concerns and please don’t hesitate to contact our staff with any questions.

Juanita Duggan, NFIB President & CEO

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