Searching For Clues In Kavanaugh's Employment Opinions

By David Garland (July 10, 2018, 5:22 PM EDT) -- Shortly after President Donald Trump announced the nomination of Judge Brett Kavanaugh of the D.C. Circuit Court of Appeals to the U.S. Supreme Court, the AFL-CIO said that the nomination amounted to a rejection of "working men and women." Supporters of the nomination — including employers — disagree and hope that he will neither legislate from the bench nor increase the regulatory burden (thereby creating new jobs and opportunities for all Americans). Between now and any confirmation vote, senators and others will pore over Judge Kavanaugh's prior opinions for clues about how he might rule on labor and employment issues as a Supreme Court justice. A review of his D.C. Circuit decisions in the initial hours following the nomination reveals a judge who has ruled in favor of employers, but also one who has called out discrimination and injustice where he has found it....

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