No matter what your political view is regarding Justice Kavanaugh’s lifetime appointment to the U.S. Supreme Court, employers can expect Justice Kavanaugh to be a strict constructionist of the many labor and employment statutes that employers must abide by. Prior to being appointed to the high court, Justice Kavanaugh was appointed to the U.S. Court of Appeals for the District of Columbia Circuit in 2006 by President George W. Bush.

The high court has issued a number of rulings in the past few years favorable to businesses and Justice Kavanaugh’s appointment will help cement a strong, pro-business court for years to come. In the past, Justice Kavanaugh has objected to expanding powers of federal agencies regarding issuing new regulations, which is perceived as very pro-business. Justice Kavanaugh has also been critical of the Consumer Financial Protection Bureau, a group created while President Obama was in office and heavily scrutinized by Republicans.

The Supreme Court has been leaning in a pro-business direction and Justice Kavanaugh’s appointment to the U.S. Supreme Court is expected to further cement a pro-company court. As an example of the high court’s pro-business preference in the last few years, in the Court’s previous term, in the case of Janus v. AFSCME, the Court, by a vote of 5-4, overturned a 40+ year precedent by ruling that government workers can opt out of public sector unions on the argument of free speech. The ruling, although still very recent, may seriously impact unions’ abilities to organize in the years to come.

In the next few years, the high court is likely to hear numerous labor and employment cases. One example may be whether Title VII prohibits employment discrimination based on a persons’ sexual orientation, which the federal circuits have differing opinions on.

Questions? Contact attorney Joseph Laverty in our Davenport office at (563) 333-9102 or by email at jolaverty@wesselssherman.com