[ad_1]
President Trump's appointment of Judge Brett M. Kavanaugh to the Supreme Court, his second candidate, could further solidify the pro-business inclination of the high court.
In his dozen years as a judge of a federal court of appeal, Kavanaugh has tended to rally behind corporate interests to resolve regulatory problems and labor disputes in matters relating to the environment, consumer protection and technology.
"The champagne corks will appear at the Chamber of Commerce and CEO Dennis Kelleher, president of Better Markets, a non-profit group that advocates strict financial regulation.
A graduate of Yale Law School, Judge Kavanaugh was Clerk of Judge Anthony M. Kennedy, from whom he retired. announced less than two weeks ago, opened a field seat. Judge Kavanaugh badisted in the drafting of 300 judicial notices for the District Court of Columbia.
Monday night, shortly after the appointment of Judge Kavanaugh, the White House began circulating a page of one page. promotional sheet of his pro-business decisions. The memorandum, reviewed by the New York Times, said the judge overturned the federal agencies some 75 times. "Judge Kavanaugh protects US companies against illegal regulations to eliminate jobs," says the memo.
The business groups, for the moment, have taken care not to make a festive note "We congratulate Judge Brett Kavanaugh and we look forward to reviewing his record on the important legal issues for the business world, "said Blair Latoff Holmes, spokesman for the US Chamber of Commerce. Issues
In one of Justice Kavanaugh's best known decisions, he stated that the legal structure of the Consumer Financial Protection Bureau was unconstitutional because it was headed by a single director, unlike other bodies with several commissioners. Judge Kavanaugh sought to remedy the problem by giving the President the power to dismiss the Director
Judge Kavanaugh's Legal Reasoning Was Finally Rejected by a Committee of the Whole of the District Court of Appeal Columbia
. In 2014, Judge Kavanaugh wrote that the Federal Food and Drug Administration had not followed proper procedures when it had issued an order that effectively required a medical device manufacturer to withdraw from the market a product used in knee replacement surgeries. Judge's decision overturned lower court's decision to join FDA
Much of the debate in the coming months will focus on Justice Kavanaugh's views on social issues and the possibility of prosecution. But Mr Kelleher said that equal attention should be given to his background in favor of business or finding ways to strengthen the executive's hand.
Net Neutrality
Judge Kavanaugh took a position favored by some major telecommunications companies when he wrote a dissenting opinion in an appeal case that had upheld the so-called neutrality settlement of the company. Obama administration. The rule adopted by the Federal Communications Commission required the major Internet service providers to treat the data in the same way and not favor certain data companies over the others.
The judge ruled that this rule violated the first amendment.
Judge Kavanaugh's view finally triumphed when the Trump administration and the FCC, under a new leadership, repealed the Net Neutrality Rule
The Environment and Employment
. In one case, he was part of a divided court that invalidated a provision of the Clean Air Act. In 2013, Judge Kavanaugh and Merrick Garland, the appeals judge of President Barack Obama, unsuccessfully appointed to the Supreme Court in 2016, were opposed to a procedure regarding federal government proceedings. store nuclear waste. Judge Kavanaugh, speaking on behalf of the majority, said the Nuclear Regulatory Commission had wrongly delayed the authorization of a nuclear waste storage facility in Nevada. Garland J. wrote a dissenting opinion
In employment-related cases, Justice Kavanaugh has a mixed track record, sometimes on the corporate side and sometimes on employees
in a case involving Fannie Mae, the Mortgage company sponsored by the government. Kavanaugh joined his colleagues at the court of appeal to reinstate a suit in which a black employee claimed that his supervisor had created a racially hostile workplace.
Judge Kavanaugh, according to Scotusblog wrote that "to call N-word by a supervisor" even once was enough to "establish a racially hostile work environment." "
Source link
