Business Groups and Unions Clash Over Supreme Court Nominee

Labor News

Reprinted from The New York Times by The Associated Press on July 10, 2018.

Business groups and labor unions have lined up on opposing sides of the pitched battle shaping up over President Donald Trump’s Supreme Court nominee, Brett Kavanaugh, whose approach to the law is widely seen as business-friendly.

Kavanaugh’s rulings and written dissents generally convey skepticism toward government regulatory and consumer protection efforts — positions that tend to enjoy broad support among business organizations. He has also usually sided with employers in labor law cases.

“In employment discrimination claims, Judge Kavanaugh’s opinions over the years typically favored the employer,” Michael Lotito, a lawyer at Littler, an employer law firm, wrote Monday. …

Kavanaugh has been particularly skeptical of regulation that is only tenuously related to legislation passed by Congress, said Ilya Shapiro, a senior fellow in constitutional studies at the libertarian Cato Institute. If he embraced that approach on the court, it could affect a broad range of rules in such areas as the environment, financial regulation and labor rights. …

“Judge Kavanaugh routinely rules against working families, regularly rejects employees’ right to receive employer-provided health care, (and) too often sides with employers in denying employees relief from discrimination in the workplace,” said Richard Trumka, president of the AFL-CIO. “Any senator who believes Supreme Court justices should protect the rights of all Americans should reject this nomination.”

NY Times 7/10

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Jeff Burman represents assistant editors on the Guild’s Board of Directors. He can be reached at

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