Big Business has a friend in Judge Brett Kavanaugh.
His judicial record demonstrates an overwhelming tendency to reach conclusions favorable to business interests and opposed to consumers, workers, environmental protections and victims of human rights abuses.
We examined each of the 101 cases where Judge Kavanaugh wrote an opinion and where there was disagreement among the judges hearing the case.
Those cases are often more revealing than unanimous decisions.
The results were striking:
- In 22 cases involving consumer and other regulatory issues, Judge Kavanaugh sided against consumers and the public interest 18 times.
- In 13 environmental cases, Judge Kavanaugh sided against clean air and environmental protection 11 times.
- In 17 cases involving worker rights, Judge Kavanaugh sided with employers 15 times.
- In all seven cases involving victims suing for compensation over police or human rights abuses, Judge Kavanaugh sided with the alleged abuser and against the victims.
- In both antitrust cases, Judge Kavanaugh sided with merging companies and against antitrust enforcement agencies.
Important themes also emerge in analyzing the decisions themselves.
Over and over, Judge Kavanaugh’s doctrines favor Big Business.
For example, Judge Kavanaugh believes that corporations almost always should be able to challenge regulations that affect them in court, but he imposes enormous hurdles on the ability of citizen groups like Public Citizen to sue.
Judge Kavanaugh believes federal agencies should be permitted to regulate corporations on “major questions” only when Congress specifically instructs them to do so — a rarity.
When government agencies are challenged by corporations, Judge Kavanaugh almost always rules against the agencies. But when consumer or public interest groups challenge agencies, it’s an entirely different story — he sides with the agencies.
Then use the congressional switchboard — (202) 224-3121 — to call your senator and tell them what you think about Judge Brett Kavanaugh.
This is a moment that will shape the future of our country for decades.
President, Public Citizen
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