Professor James Brudney was quoted in an article published by Bloomberg Law. In it, he shares his insight on Biden’s nomination of Jennifer Sung to join the U.S. Court of Appeals.
Organized labor threw its support behind the Biden administration’s nomination of Jennifer Sung, a state labor board member and former union-side labor lawyer, to join the U.S. Court of Appeals for the Ninth Circuit.
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A background in labor law is unusual for federal appellate judges, and those with some experience with the National Labor Relations Act have more commonly represented management rather than unions, said James Brudney, a labor law professor at Fordham University.
Yet even circuit court judges with experience representing employers in labor disputes are more likely to rule in favor of unions than the average judge, Brudney found in research published in 1999.
“The NLRA is a statute that’s based on a concept of collective bargaining and collective economic pressure that’s not the norm in our individual-rights, individual-remedies legal structure,” he said. “It would be helpful if more judges on courts of appeals had exposure to that paradigm.”
