Clawson: Kavanaugh’s SeaWorld Dissent Shows He Favored SeaWorld

Labor News

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Reprinted from The Daily Kos by Laura Clawson on September 24, 2018.

“During his years as a judge on the D.C. Circuit court, Brett Kavanaugh has dedicated a solid amount of time to writing extremist dissents to show us just what kind of a deciding vote he would be on the Supreme Court,” writes Laura Clawson in The Daily Kos. “One of those is his notorious SeaWorld v. Perez dissent, in which Kavanaugh said SeaWorld shouldn’t be held responsible for the killing of a trainer by an orca. Steven Greenhouse writes that the dissent is ‘remarkable because Kavanaugh shows far less sympathy to the whale trainer who was dismembered and killed than he shows to SeaWorld for being the victim of what he sees as government overregulation and overreach,’ and that he ‘seemed to lack an empathy gene.’

“It’s not just a lack of empathy, though. Kavanaugh’s dissent, Greenhouse suggests, is either profoundly ignorant of history or is an active attempt to undo historical progress:

“’He said that state tort law—for instance, lawsuits that workers bring against their employer because a machine chopped off an arm—would pressure SeaWorld to assure safety to its workers. But Kavanaugh bafflingly fails to realize that the workers compensation system was set up in the early 1900s in large part to prohibit workers from filing tort lawsuits against their employers. Moreover, state tort law compensates employees only after an arm is amputated or a worker is crippled, while government regulation in the form of OSHA aims to prevent such horrific injuries from ever happening. …

The Daily Kos 9/24

About Jeffrey Burman 3850 Articles
Jeff Burman represents assistant editors on the Guild’s Board of Directors. He can be reached at jeffrey.s.burman.57@gmail.com.

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