Bloomberg BNA spoke to Professor Sean Anderson for a recent article on what a possible departure by Supreme Court Justice Anthony Kennedy could mean for employee benefits cases.
Anderson, who focuses on retirement plan and ERISA law, says Kennedy’s retirement wouldn’t make an impact on the majority of future ERISA cases that the court might take up.
Many of the court’s ERISA decisions have been unanimous, and Kennedy has “far more often than not voted with the more conservative justices on the court” in split employee benefits decisions, Anderson said.
"His retirement and replacement with a likely more conservative justice would impact only the few contested cases in which he has sided with the liberal justices," Anderson said.
Full story at Bloomberg BNA