President Trump has chosen Brett Kavanaugh, a conservative judge from the U.S. Court of Appeals for the D.C. Circuit — often thought of as the second-most-powerful court in the country — to replace Justice Anthony Kennedy on the Supreme Court.
Kavanaugh is a connected Washington insider with roots in politics in the George W. Bush White House. He has written almost 300 opinions for the D.C. Circuit in 12 years — and he is only 53, which means he could serve on the high court for a very long time…..
Kavanaugh: Threat to Workers and to OSHA
Jordan Barab, Confined Space blog, July 10, 2018
While most of the discussion of President Trump’s nomination of Brett Kavanaugh to the Supreme Court focuses on the possibility that he will be the deciding vote to repeal Rowe v. Wade or that the will bend over backwards to help Trump out of the Russia investigation, there is clear evidence that Kavanaugh is overly friendly to corporate America, and hostile to workplace safety, the Occupational Safety and Health Act and the environment…..
Watch Out Workers, Here Comes Brett Kavanaugh
Source: Andrew Strom, On Labor blog, July 10, 2018
….As Kavanaugh’s dissent in the SeaWorld case illustrates, the vision he will bring to the high court is one where the people who work at regulatory agencies are sneered at as “bureaucrats,” and the measures the agencies take to sand the edges off of unbridled capitalism are dismissed as “paternalism.” My advice to workers is to fasten your seatbelts (while you still have them) because it’s going to be a bumpy ride….
Supreme Court nominee Kavanaugh argues that presidents can’t be indicted, sued, or even investigated
Source: Mark Sumner, Daily Kos, July 9, 2018
Kavanaugh is radically conservative. Here’s the data to prove it.
Source: Elliott Ash and Daniel L. Chen, Washington Post, July 10, 2018
He’s to the right of, and much more political than, his peers on the federal bench. …. On the circuit court, Kavanaugh tended to dissent more often along partisan lines than his peers, according to our research. He justified his decisions with conservative doctrines far more than his colleagues, citing politicized precedents consistent with other Republican-appointed judges, invoking the original Articles of the Constitution (consistent with the Originalist jurisprudence favored by conservative jurists) and using the language of economics and free markets. What’s more, Kavanaugh’s divisiveness ramped up during campaign season: He disagreed with his colleagues more often before elections, suggesting that he feels personally invested in national politics. ….
A dig through Kavanaugh’s record on education finds plenty of material
Source: Mel Leonor, Politico, Morning Education, July 10, 2018
How a private meeting with Kennedy helped Trump get to ‘yes’ on Kavanaugh
Source: Christopher Cadelago, Nancy Cook and Andrew Restuccia, Politico, July 9, 2018
While he was eager to keep the suspense alive, the president was always leaning toward Kennedy’s former clerk.
Meet Judge Brett Kavanaugh, Trump’s Supreme Court Nominee
Source: Andrea González-Ramírez, Refinery 29, July 9, 2018
Trump’s Supreme Court nominee opposes net neutrality, supports NSA bulk collection
Source: Taylor Hatmaker, TechCrunch, July 9, 2018
Kavanaugh’s Record Doesn’t Bode Well for Voting Rights
Source: Ari Berman, Mother Jones, July 10, 2018
He voted to uphold a law that threatened to disenfranchise tens of thousands of minority voters.
A “view” from the East Room: The Brett Kavanaugh story
07.10.18 Mark Walsh
Trump nominates Kavanaugh to Supreme Court
07.09.18 Amy Howe
Reactions to the Kavanaugh nomination
07.09.18 Andrew Hamm
Evening round-up: Trump nominates Kavanaugh to Supreme Court
07.09.18 Jon Levitan
Live blog of nomination with First Mondays (Update: Completed)
07.09.18 Andrew Hamm
Past summer nomination timelines
07.03.18 Andrew Hamm
Potential nominee profile: Brett Kavanaugh
06.28.18 Edith Roberts
….In labor and employment law cases more generally, Kavanaugh’s rulings have tended to favor employers. In 2016, in Verizon New England v. NLRB, Kavanaugh held that the NLRB had improperly overturned an arbitration decision when it found that a “union’s waiver of its members’ right to picket did not waive their right to visibly display pro-union signs in cars on Verizon property.” In National Association of Federal Employees v. Vilsack, in 2012, he dissented from an opinion holding that a random drug-testing program for government employees who work in residential Job Corps centers required a showing of individualized suspicion under the Fourth Amendment. Partial dissents from panel rulings upholding NLRB findings of unfair labor practices or discriminatory hiring include Midwest Division MMC v. NLRB (2017) and NLRB v. CNN America (2017)…..
The Kavanaugh Nomination and Labor
Source: Sharon Block, On Labor blog, July 10, 2018
….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. Below, I will provide an overview of his record and attempt 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…..