The 2020 U.S. election is historic for many reasons—and the outcome will no doubt have a broad and lasting impact on how business gets done between the United States and Canada.
Throughout the fall, our New York team is sharing their insights on the business issues at stake as we head toward November. This week we look at the potential impact of the election on the U.S. judiciary and implications for litigation.
Although the nomination of Amy Coney Barrett to the Supreme Court in the wake of the death of Ruth Bader Ginsburg has been in the spotlight as we head toward the election, it is worth discussing that the Trump Administration's nominations to the federal courts will have a serious influence on the direction of the U.S. judiciary as well.
These developments portend an overall long-term shift toward a more conservative judiciary, with implications for business, from antitrust and securities, to environmental and foreign investment issues. Procedural issues too may see change; for example, narrowing the use of class actions, encouraging early dismissal of claims, limiting the interpretation of federal court jurisdiction, etc.
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