After President Trump nominated Brett Kavanaugh to the Supreme Court, I wrote a post describing his anti-worker dissent in the SeaWorld case. In response, a commenter called me “a far left activist [who] has always opposed any politician, judge, or person who has an alternative view.”
Well I would heartily disagree with that characterization, but however people want to characterize me, I’m happy to point out that there are many other smart, well educated people out there who agree that Kavanaugh will be a disaster for working people.
Below are a series of additional articles written by labor and business experts across the country about the damage that Kavanaugh is expected to wreak on workers and labor.
The Kavanaugh Nomination and Labor, by Sharon Block, OnLabor
Comment: Block, Executive Director of the Labor and Worklife Program at Harvard Law School, does a detailed analysis of several labor-related cases that Kavanaugh has ruled on in order to “make the case that his record reflects a sustained and, at times, aggressive hostility to the role of the law in protecting the vulnerable and less powerful.” Noting that the AFL-CIO opposes Kavanaugh’s appointment, Block writes that “Opposition to the nomination by the labor movement is no surprise. Kavanaugh’s record demonstrates consistent support for the interests of employers and a lack of concern for the interests of workers and the government agencies that come to the D.C. Circuit to protect workers’ rights.”
Brett Kavenaugh Ruled Against Workers When No One Else Did, by Dave Jamieson, Huffington Post
Comment: In addition to my post on the Sea World case, Jamieson discusses the Agri Processors case where the meatpacker refused to bargain with the newly elected union, arguing that most of them weren’t covered by collective bargaining law because they were undocumented immigrants. “Ultimately, neither the National Labor Relations Board nor the majority of judges on a panel for the U.S. Court of Appeals for the District of Columbia Circuit agreed with Agri Processor. The only one who did was Brett Kavanaugh.”
Trump’s Supreme Court Pick Could Spell a Fresh Hell for Workers’ Rights, by Moshe Marvit, In These Times
Comment: Marvit goes through a number of labor related cases where he consistently ruled against workers and labor unions. He concludes that “Labor advocates should be extremely concerned about this ideological bent if Kavanaugh becomes a justice on an already very business friendly—and conservative—Supreme Court.”
Family Man Brett Kavanaugh Thinks Businesses Shouldn’t Be Liable If Employee Are Eaten on the Job, by Bess Levin, Vanity Fair.
Comment: Vanity Fairs wins the prize for the best headline. Dawn Brancheau was not actually eaten by the whale; just dismembered and drowned. But even if she had been consumed, I doubt that would change Kavenaugh’s opinion about the legality of OSHA’s citation against Sea World.
Note: If you had followed @jbarab on Twitter, you would already have known about all of these articles.