Brett Kavanaugh, whom President Donald Trump nominated Monday night to succeed Anthony Kennedy on the Supreme Court, is actually widely viewed as a more conservative replacement for the retiring justice.
although legal experts say which while the judge has taken a more overtly pro-business stance than some of the various other leading candidates on Trump’s list, his rulings on such issues are unlikely to push the court much further to the right than with Kennedy on the bench.
Labor unions — including the AFL-CIO, the country’s largest federation of unions — in addition to workers’ rights groups are still concerned, however.
“Judge Kavanaugh routinely rules against working families, regularly rejects the right of employees to receive employer-provided health care from the workplace, too often sides with employers in denying employees relief via discrimination from the workplace in addition to promotes overturning well-established U.S. Supreme Court precedent,” AFL-CIO President Richard Trumka said in a statement.
The labor organization sent CNBC numerous cases where the idea views Kavanaugh as having taken a stance against workers. In a 2015 case, for instance, Kavanaugh issued a ruling which favored the Venetian casino, which had requested which police issue criminal citations against union protesters whom the casino said were trespassing on private property.
A year earlier, Kavanaugh wrote the lone dissent in a case involving a SeaWorld trainer who had been killed by a killer whale during a performance.
which court had upheld a previous ruling which SeaWorld had violated workplace safety standards “exposing the trainers to recognized hazards when working in close contact with killer whales during performances.” In an impassioned dissent, Kavanaugh said which lots of sports can be extremely dangerous in addition to argued which the Labor Department had overextended its authority by attempting to regulate the whale show.
“When should we as a society paternalistically decide,” Kavanaugh asked, “which the risk of significant physical injury is actually simply too great even for eager in addition to willing participants? in addition to most importantly due to This specific case, who decides which the risk to participants is actually too high?”
Daniel Goldberg, legal director at the progressive advocacy group Alliance for Justice, was even more blunt than Trumka.
Goldberg said which while every name on Trump’s list of 25 Supreme Court candidates poses a threat to Obama-era health-care laws in addition to the abortion protections enshrined from the landmark 1973 Roe v. Wade ruling, Kavanaugh in particular represents a “who’s who of protecting the wealthy in addition to the powerful.”
Goldberg’s group points to Kavanaugh’s rulings granting the Defense Department’s authority to temporarily curtail some of its employees’ collective bargaining rights, among various other cases.
although Kavanaugh is actually not universally viewed as a reflexively anti-regulation judge. The Supreme Court tracker SCOTUSBlog counted a handful of cases where Kavanaugh wrote opinions upholding Environmental Protection Agency regulations in addition to practices.
“Kavanaugh is actually clearly inclined to resist the expansion of administrative-agency authority, although he has tended to approach administrative law issues on a case-by-case basis,” SCOTUSBlog wrote.
Eric Citron, a partner of the law firm Goldstein & Russell who clerked for Supreme Court Justices Elena Kagan in addition to Sandra Day O’Connor, said which while Kavanaugh will likely be a conservative justice, “which does not differentiate him via Justice Kennedy, who was also a reliably conservative vote on most such issues.”
Kavanaugh’s opnions, Citron told CNBC, “show a strong bend away via claims by injured consumers, workers, unions, employees, in addition to plaintiffs more generally,” while noting which “Kavanaugh is actually a smart judge who tries to engage with the issues in addition to keep an open mind, in addition to for which should be appreciated as a nominee.”
although, Citron said, “his natural inclination is actually friendly towards corporate defendants, in addition to not their opponents in court.”