Stop Brett Kavanaugh Fact Sheet: Workers’ Rights

Judge Kavanaugh would threaten hard-won rights and protections for workers and their families.

Judge Kavanaugh routinely rules against workers and their families.

Judge Kavanaugh routinely rules for discriminatory employers and denies relief to employees.

Judge Kavanaugh opposes market competition that helps keep monthly insurance premiums and other health care costs down for Americans, including workers and their families.

  • S. v. Anthem dissent, according to his fellow judges, “applies the law as he wishes it were, not as it currently is” in arguing that an Anthem-Cigna merger that would have reduced competition for health care consumers in 14 states should have been approved

Judge Kavanaugh would allow employers to deny vital health care coverage to their employees, and he has criticized the Affordable Care Act.

Federal agencies protect health, safety, and rights in many critical ways that affect the daily lives of workers and their families. Judge Kavanaugh, however, appears likely to limit agencies’ roles regarding the laws they are expressly charged with implementing.

  • Argues for limiting judicial deference to agencies’ interpretations of the statutes they administer and for the outright reduction or elimination of some agencies
  • Overturned by the Supreme Court in Environmental Protection Agency v. EME Homer City Generation, holding that, in attempting to undermine the EPA, he tried to “improve upon” rather than “apply” federal law
  • Overturned by his own D.C. Circuit Court in PHH Corporation v. Consumer Financial Protection Bureau after he argued that independent agencies like CFPB “pose[d] a significant threat to individual liberty”