Skip to main content

Sign up for our newsletter.

Quality journalism. Progressive values. Direct to your inbox.

There are only a few days left in our critical Mid-Year Campaign and we truly might not make it without your help.
Please join us. If you rely on independent media, support Common Dreams today. This is crunch time. We need you now.

Join the small group of generous readers who donate, keeping Common Dreams free for millions of people each year. Without your help, we won’t survive.

Supreme Court Nominee Brett Kavanaugh testifies during the second day of his Supreme Court confirmation hearing on Capitol Hill September 5, 2018 in Washington, DC. Kavanaugh was nominated by President Donald Trump to fill the vacancy on the court left by retiring Associate Justice Anthony Kennedy. (Photo: Zach Gibson/Getty Images)

Stop Brett Kavanaugh — A Corporation Masquerading as a Judge

Just look at the record, Kavanaugh rules like he is a corporation masquerading as a human

Ralph Nader

Observers say that confirmation of Judge Brett Kavanaugh to become President Trump’s second pick for a lifetime job on the Supreme Court will make the Court more conservative. It is more accurate to say Kavanaugh will make the Court more corporatist.

With Kavanaugh, it is all about siding with corporations over workers, consumers, patients, motorists, the poor, minority voters, and beleaguered communities.

Repeatedly Kavanaugh’s judicial opinions put corporate interests ahead of the common good—backing the powerful against the weak, the vulnerable, and the defenseless.

Apart from his declared views pouring power and immunity into the Presidency (which is why Trump wants him), Kavanaugh could be the most corporate judge in modern American history. Two meticulous reports on his judicial decisions, one by the Alliance for Justice (AFJ) and one by Public Citizen demonstrate that for him it’s all about corporations uber alles.

Here is AFJ’s summary:

Kavanaugh has repeatedly ruled against efforts to combat climate change and the regulation of greenhouse gases. He also repeatedly ruled against protections for clean air. He has repeatedly sided with the wealthy and the powerful over all Americans. He has fought consumer protections in the areas of automobile safety, financial services, and a free and open internet. Kavanaugh has also repeatedly ruled against workers, workplace protections and safety regulations.

Do you want him to be on the Supreme Court?

Kavanaugh is a corporate supremacist to a fanatic level of protecting corporate cruelty and greed. Giving him an unaccountable lifetime position on the Court will weaken our democracy and empower the corporate state.

What will he do when cases involve robots harming workers or consumers; corporate algorithms corkscrewing consumers; corporations turning the governments against their citizens; and corporate criminals being bailed out by taxpayers?

Fortunately, Kavanaugh gives us more than a clue from his many judicial decisions and dissents, especially with healthcare cases coming before the Court. Public Citizen’s factually-based report on Judge Kavanaugh’s opinions in split-decision cases provides insight into his judicial philosophy.

He ruled 15 times against worker rights, 2 times for worker rights. On environmental protection, he ruled 11 times for business interests and 2 times for the public’s interest. On consumer and regulatory cases, he ruled 18 times for businesses and 4 times for consumer protection interests. In the area of antitrust or anti-monopoly, he ruled 2 times for the corporations and zero times for market competition.

He seems to love government power when it is arrayed against the people, ruling 7 times for police or human rights abuses versus zero rulings for the victims. But he rules against government agencies when they are protecting the interests of the people over those of corporations.

Even more extreme, he does not like human beings to sue corporations or sue the government. But if you are a corporation, the courthouse doors are always open.

Kavanaugh rules like he is a corporation masquerading as a human. But in his introductory statement to the Senate Judiciary Committee, he wanted us to see him a regular guy, weirdly remembering the row and seat number at two professional sports games his father took him to as a child and listing all the names of his sixth grade daughter’s basketball team.

Shame on Chairman Charles Grassley (R-IA) for severely restricting the voices from civil society allowed to testify before the Judiciary Committee. No wonder Code Pink had to protest from the galleries.

Watch out for a cruel man with a folksy smile. Watch once again the Democratic Senators on the Senate Judiciary Committee minimizing Kavanaugh’s bias for corporations—except for Senator Sheldon Whitehouse (D-RI).

Given the lives, injuries, and sickness at stake; given the dictatorially approved taxpayer-funded corporate welfare and bloated corporate contracts with governments draining the peoples’ necessities, given Kavanaugh’s mindless support for corporate dollars corruptly buying elections, maybe the motto against this awful nomination should be “Kavana-ugh!”


Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.
Ralph Nader

Ralph Nader

Ralph Nader is a consumer advocate and the author of "The Seventeen Solutions: Bold Ideas for Our American Future" (2012). His new book is, "Wrecking America: How Trump’s Lies and Lawbreaking Betray All(2020, co-authored with Mark Green).

Just a few days left in our crucial Mid-Year Campaign and we might not make it without your help.
Who funds our independent journalism? Readers like you who believe in our mission: To inform. To inspire. To ignite change for the common good. No corporate advertisers. No billionaire founder. Our non-partisan, nonprofit media model has only one source of revenue: The people who read and value this work and our mission. That's it.
And the model is simple: If everyone just gives whatever amount they can afford and think is reasonable—$3, $9, $29, or more—we can continue. If not enough do, we go dark.

All the small gifts add up to something otherwise impossible. Please join us today. Donate to Common Dreams. This is crunch time. We need you now.

'Lunacy': Democrats Risk Running Out of Time to Confirm Federal Judges

"Democrats aren't filling open seats right now in federal district courts because, for unfathomable reasons, they are letting red state senators block nominees," said one critic.

Julia Conley ·


Citing Death of Roe, Alabama Urges Judge to Reinstate Trans Care Ban

GOP officials are already weaponizing the Supreme Court's abortion ruling to attack other rights they argue are not "deeply rooted in our nation's history and tradition."

Kenny Stancil ·


Flint Residents 'Disgusted' After Court Throws Out Indictments of Top Officials

"It has become increasingly clear that the judicial system is not a viable option for a poor majority Black community facing injustice," said Flint Rising.

Jessica Corbett ·


Sanders, Fetterman Urge Buttigieg to Fine Airlines Over Flight Cancellations

"The American people are sick of airlines ripping them off, canceling flights at the last minute, and delaying flights for hours on end," said the Vermont senator.

Jake Johnson ·


In Blow to Voting Rights, SCOTUS Saves Louisiana's Racially Rigged Electoral Map

"Black Louisianans deserve fair representation. The fight for racial justice and equality is far from over," vowed one civil rights group.

Brett Wilkins ·

Common Dreams Logo