Why labor opposes Gorsuch for high court
As president of the American Federal, State, County, and Municipal Employees District Council 33, it is my job to ensure that we as a union are advocating for fairness in the workplace, excellence in public services and prosperity and opportunity for all working families in the Philadelphia area. We strive for fairness at the bargaining table, in the community, and in the halls of government.
President Trump’s pick for the Supreme Court, Judge Neil Gorsuch, has a long history of putting employers, not people, first. AFSCME President Lee Saunders eloquently summarized Judge Gorsuch’s performance in his hearing by stating last week: “failed to demonstrate and give fundamental assurances that he would be an independent voice on the court who will use the Constitution to protect the rights of everyone, not just the wealthy and powerful.”
Based on Judge Gorsuch’s record and statements during the hearings, we believe that a vote for Gorsuch is a vote against the American worker. In cases involving employment and labor disputes due to discrimination, Gorsuch ruled in favor of the employers in two-thirds of the cases. In many of these, Gorsuch sided against individuals who sued their employers due to unfair treatment, denial of benefits or workplace accidents that resulted in death. In fact, Gorsuch sided with corporations in 91 percent of pension cases.
If President Trump’s Judge Gorsuch should be confirmed for a lifetime appointment to the Supreme Court, his record indicates that he would be a friend to corporate interests – when what we need is an independent check on corporate interests. For example, in the Hobby Lobby case, Gorsuch ruled that private corporations are people – and that they enjoy the same constitutional protections as actual human beings. Astonishingly, Gorsuch has also argued that it should be harder for regular people to band together in order to hold large corporations and Wall Street accountable for fraud and other wrongdoing. In Hwang v. Kansas State University, Gorsuch argued that “the Rehabilitation Act seeks to prevent employers from callously denying reasonable accommodations that permit otherwise qualified disabled persons to work – not to turn employers into safety net providers for those who cannot work,” and ruled in favor of a university that refused to extend an employee’s paid leave benefits after she was diagnosed with cancer.
In another case, Compass Environmental Inc. v. OSHRC, a worker died because his company failed to adequately train him and Gorsuch voted to overturn a Department of Labor fine against the company. The worker joined one week into the project – after the Job Safety Analysis training – and while he was given individual safety training, he did not receive training on the hazard that eventually caused his death. The Department of Labor issued a citation to the company following an investigation because the employer should have reasonably anticipated that the worker would be exposed to the hazard and should have provided adequate training. Judge Gorsuch argued that training was in fact, not necessary.
Senators questioned Judge Gorsuch extensively about his judicial philosophy and record, but Gorsuch mostly declined to answer. As a result, we are forced to rely on Judge Gorsuch’s record – a long record of ruling against workers and in favor of their employers proves that he is not a friend to the average working American. If Gorsuch is confirmed, he will continue to prioritize corporate interests over worker protections. Now, more than ever, we need a justice who will serve as an independent check on corporate interests – and Gorsuch has proven that he is not that justice.
Sen. Bob Casey Jr. shares these concerns and has already stated that he will oppose the confirmation of Judge Gorsuch. AFSCME District Council 33 thanks Senator Casey for once again proving that he has all Pennsylvanians best interests at heart. I encourage my fellow Philadelphia residents and all Pennsylvanians to let our other Senator – Pat Toomey – know that we also reject Neil Gorsuch and the idea that huge corporations and special interests’ agendas should ever be put ahead of workers and ordinary Americans, and that he should vote “no” on Gorsuch just like Sen. Casey.