One of Business’ Greatest Assets |
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| Written by Thomas J. Donohue | |
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This year marks the 30th anniversary of the National Chamber Litigation Center (NCLC), the public policy law firm of the U.S. Chamber of Commerce. NCLC is widely recognized as the voice of business in the nation’s courts.
NCLC was created to help business respond to the increased activity in the 1970s by labor unions and their allies, including consumer advocates and environmental groups. A nexus of liberal organizations, activist judges, and regulators had developed, posing a threat to business and the free market system. Led by activists such as Ralph Nader and Joan Claybrook, these aligned groups used the courts, in addition to the legislative and regulatory processes, to advance their political agendas.
In 1971, attorney Lewis Powell, in a document now commonly known as the Powell Memorandum, urged the business community to marshal its “wisdom, ingenuity, and resources” to combat increasing attacks on the American free enterprise system. He wrote, “American businesses and the enterprise system have been affected as much by the courts as by the executive and legislative branches of government. Under our constitutional system ... the judiciary may be the most important instrument for social,
economic and political change.” Powell later served on the U.S. Supreme Court.
Heeding Powell’s call, the U.S. Chamber of Commerce in 1977 established NCLC, which has successfully addressed what Powell called “a neglected opportunity in the courts” through its friend-of-the-court and party briefs.
Since its inception, NCLC has argued more than 1,000 cases, and in 2006 it broke its record for most friend-of-the court briefs filed and number of victories --48! The National Chamber Litigation Center has gone from averaging 25 new cases per year to more than 100 per year. It has achieved milestone victories on such issues as striker replacement, corporate free speech, and environmental rules. NCLC has earned the respect of the courts, which now invite it to submit briefs, and is partly credited for making the U.S. Supreme Court more focused on business cases.
Today, NCLC continues to increase its caseload, take on new issues, and proactively use the courts to advance pro-business policies--not just defend against anti-business measures. With a rich history and a bright future, NCLC is one of the business community’s greatest assets.
Thomas J. Donohue, President and CEO U.S. Chamber of Commerce
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