President Trump nominated Joshua D. Dunlap to the First Circuit Court of Appeals. If confirmed, Dunlap would likely bring his corporate defense background and anti-regulatory views to a court that could serve favorable rulings to special interest groups at the expense of consumers.
Corporate Defense Attorney
According to his personal LinkedIn, Dunlap has spent virtually his entire 16-year legal career at Pierce Atwood LLP defending large corporations in complex litigation and class actions.
His practice focuses on representing financial institutions, manufacturers, and retailers in consumer protection cases, including defending banks in overdraft fee litigation. Pierce Atwood has represented large national banks in multidistrict litigation and successfully negotiated settlements for state chartered banks facing overdraft fee lawsuits.
Anti-Regulatory Views
Dunlap has expressed approval for the Supreme Court's decision to overturn Chevron deference, which had guided how federal agencies interpreted ambiguous laws for 40 years.
In an article titled “Chevron Is Dead. Does It Still Live In Maine?,” Dunlap characterized the Court's decision as “purposeful,” praising the transfer of regulatory interpretation power from federal agencies to judges. The overturning of Chevron is expected to lead to more legal challenges against regulations across healthcare, environmental, financial, and technology sectors.
Connection to Anti-LGBTQ+ Hate Group
Dunlap completed an internship at the Alliance Defending Freedom (ADF) in 2006, a Southern Poverty Law Center-designated hate group known for its anti-LGBTQ+ and anti-abortion activism.
During his 2006 internship, ADF was actively defending Elane Photography, a business that refused to provide wedding services to a same-sex couple in New Mexico, claiming it would violate the owner's Christian beliefs. The New Mexico Supreme Court ultimately ruled that the business violated the New Mexico Human Rights Act.
Notably, Dunlap omits this ADF internship from his LinkedIn profile, despite disclosing it to the Senate Judiciary Committee.