Skip to main content

Sign up for our newsletter.

Quality journalism. Progressive values. Direct to your inbox.

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).

This is the world we live in. This is the world we cover.

Because of people like you, another world is possible. There are many battles to be won, but we will battle them together—all of us. Common Dreams is not your normal news site. We don't survive on clicks. We don't want advertising dollars. We want the world to be a better place. But we can't do it alone. It doesn't work that way. We need you. If you can help today—because every gift of every size matters—please do. Without Your Support We Simply Don't Exist.

'Infuriating Disappointment': Biden DHS Ramping Up Deportations to Haiti

"It is unconscionable for the Biden administration to resume deportation flights to Haiti, despite the country's ongoing political, economic, and environmental disasters."

Jessica Corbett ·


Architect of Texas Abortion Ban Takes Aim at LGBTQ+ Rights While Urging Reversal of Roe

"Make no mistake, the goal is to force extreme, outdated, religious-driven values on all of us through the courts."

Jessica Corbett ·


Ahead of Canadian Election, Bernie Sanders and Rashida Tlaib Endorse NDP

"Bernie, you have fought courageously for public healthcare, affordable medication, making the rich pay their fair share, and tackling the climate crisis," said party leader Jagmeet Singh. "We're doing the same here."

Jessica Corbett ·


US Urged to End Drone Strikes After Pentagon Says Killing 10 Afghan Civilians Was 'Horrible Mistake'

"That was not a 'mistake,'" said journalist Anand Giridharadas. "War crimes are not oopsies."

Brett Wilkins ·


40+ NYC Activists Arrested for Protests Against Banks Fueling Climate Emergency

"We're sending a message loud and clear that the little action that politicians and greenwashing CEOs have taken so far does not begin to deal with the magnitude of this crisis."

Jessica Corbett ·

Support our work.

We are independent, non-profit, advertising-free and 100% reader supported.

Subscribe to our newsletter.

Quality journalism. Progressive values.
Direct to your inbox.

Subscribe to our Newsletter.


Common Dreams, Inc. Founded 1997. Registered 501(c3) Non-Profit | Privacy Policy
Common Dreams Logo