The Senate confirmed Brett Kavanaugh as the 114th Supreme Court justice on Shabbos, ending a vitriolic battle over his nomination and solidifying a conservative majority on the court.
The Senate finalized on a vote of 50 to 48 what will certainly be one of President Donald Trump’s most enduring legacies: two Supreme Court justices in two years in an increasingly polarized nation.
But what’s fascinating to the Jewish community might be the fact that after Reb Sholom Mordechai’s company, Agriprocessors Inc., was battling trumped-up illegal immigration charges, the only judge who agreed with the company’s stance was Brett Kavanaugh.
In 2008, Immigration and Customs Enforcement (ICE) officers raided the Postville, Iowa meatpacking plant owned by Agriprocessors, resulting in arrests of nearly 400 immigrants working in the plant. The U.S. Department of Labor’s Wage and Hour Division had been coordinating its investigation with ICE up until the raid, which was staged without any prior notice to the Labor Department.
Sholom Mordechai was eventually sentenced to 27 years in federal prison on charges stemming from the raid. On December 20, 2017, President Trump commuted Rubashkin’s sentence, after he had served less than a third of his prison term.
Notably, Sen. Dick Durbin, D-Ill. questioned Kavanaugh on the second day of his confirmation hearing about his feelings on the undocumented immigrant workers at Agri.
Kavanaugh has a limited record on immigration, because the D.C. Circuit Court does not handle deportation or immigration status cases.
Agri had argued that the votes of the undocumented workers did not count, due to their immigration status. The company pointed to the 1986 Immigration Reform and Control Act, which prohibits businesses from knowingly hiring illegal immigrants. But the Labor board unanimously sided with the workers, and told the company to begin bargaining with its employees.
Agri then tried again by appealing to the D.C. Circuit Court. A panel, which included Kavanaugh, upheld the Labor board’s decision 2-1. Kavanaugh wrote the dissent. He argued that “an illegal immigrant worker is not an ‘employee’ under the NLRA for the simple reason that, ever since 1986, an illegal immigrant worker is not a lawful ‘employee’ in the United States.”
Who knows if it was Kavanaugh’s judicial acumen and courage to state the truth in the Rubashkin case that ultimately ordained, from Above, that he be sworn on to the highest court in the country.
{CB Frommer-Matzav.com, with Heavy.com and WashPost}