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Brett Kavanaugh on Jobs

 

 


Congress decides worker safety issues, not regulatory agency

Kavanaugh questions a longstanding legal principle dictating that judges defer to agencies' interpretations of vague and open-ended statutes, as long as the interpretations are reasonable. They counter that if there's new problem to solve, Congress should address it with a new law. That would inevitably lead to less regulation.

In the SeaWorld case, decided in 2014 by the US Court of Appeals, Kavanaugh set up the issue as a question of "Who decides?": "When should we as a society paternalistically decide that the participants in these sports and entertainment activities must be protected from themselves." he wrote in a dissenting opinion. "And most importantly for this case, who decides that the risk to participants is too high?"

His answer was not federal regulators. He argued that the Labor Department acted arbitrarily when it penalized SeaWorld for failing to keep a trainer from "recognized hazards" under federal job-safety law, when the work was inherently risky.

Source: CNN.com on lead-up to SCOTUS Confirmation Hearings , Aug 25, 2018

Other Justices on Jobs: Brett Kavanaugh on other issues:
Samuel Alito(since 2006)
Stephen Breyer(since 1994)
Ruth Bader Ginsburg(since 1993)
Elena Kagan(since 2010)
Anthony Kennedy(since 1988)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)

Former Justices:
Merrick Garland(nominated 2016)
Antonin Scalia(1986-2016)
John Paul Stevens(1975-2010)
David Souter(1990-2009)
Sandra Day O'Connor(1981-2006)
William Rehnquist(1975-2005)

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Page last updated: Nov 02, 2018