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Merrick Garland on Jobs

 

 


Regulatory agency decides worker safety issues, not Congress

In the 2014 SeaWorld case [in which a whale trainer was killed], Kavanaugh set up the issue as a question of "Who decides?" 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"

The majority on the three-judge DC Circuit panel said such comparisons were inapt. "The nature of SeaWorld's workplace and the unusual nature of the hazard to its employees performing in close physical contact with killer whales do not remove SeaWorld from its obligation to protect its employees from recognized hazards," the court said in a majority opinion signed by Judge Merrick Garland. They offered comparisons to traditional but dangerous industries such as welding and firefighting. Garland deferred to the Labor secretary's interpretation of workplace safety coverage. Such deference, a longtime pattern in federal courts, is the opposite of the skepticism Kavanaugh advocates.

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

Other Justices on Jobs: Merrick Garland 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 04, 2018