A Justice Garland might have also caused the court to change course in some cases decided by lopsided margins, said Justin Driver, a law professor at the University of Chicago who served as a law clerk to Judge Garland.

“In several momentous decisions, it seems quite plausible that a Justice Garland would have altered the court’s outcome,” Professor Driver said. “It is crucial to appreciate that this dynamic extends well beyond the court’s 5-to-4 decisions.”

[...]

Workers have been doing less well at the Supreme Court, said David A. Strauss, a law professor at the University of Chicago. “Employees, organized and unorganized, have been among the biggest losers in the court for several years now,” he said. “That seems especially notable when there is a lot of concern in the country about the economic fate of the working and middle classes.”

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