BY SEAN HIGGINS
INVESTOR'S BUSINESS DAILY
In a big shift from the last time a justice was picked, the U.S. Chamber of Commerce, the National Association of Manufacturers and others plan to weigh in heavily in the nomination process. Their lobbyists hope to have O'Connor, who was generally pro-business in her decisions, replaced with a nominee who'll take the same position on questions relating to the marketplace.
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Others say there are too many key issues coming up before the court to remain aloof. Lobbyists cite issues like tort reform (especially civil liability), employment and contract litigation, international trade and intellectual property as their top concerns. "80% of the court's caseload is stuff we care about," said Pat Cleary, NAM's senior vice president for communications.
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"O'Connor was a key voice . . . for reining in excessive punitive damages, employing common sense definitions of disabilities in the Americans with Disabilities Act and establishing federal primacy over foreign affairs," said Chamber President Thomas Donohue in a statement.
To guide the White House's choice, the Chamber has reportedly provided it with in-depth analyses of the records of the entire federal appeals court bench, the most likely pool of nominees.
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Should business groups favor the White House's choice, they plan to back grass-roots campaigns to build public support for him or her. They also plan to lobby the Senate to approve the nomination. To bolster their Washington lobbyists, the groups will urge business leaders in senators' home states to back the nominee, Cleary said.
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