DID YOU KNOW? Brett Kavanaugh Was the Only Judge to Side with Rubashkin and Agri During Immigration Witch Hunt

19

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}

19 COMMENTS

  1. Please explain. What does it mean that the voters do or do not count? It was a very complicated legal battle and I have missed many details.

    • In this article the voters did not count, due to their immigration status; in other words, illegal immigrants who did not register to vote.

      But in general elections voters do not count because the CIA “decides” whom to install, which they did for the past few presidents (likely the past 70 years or so), and were hoping to do so for Hillary. However, being that Trump’s landslide was so high (81%) unlike previous running presidents, there was no way for the CIA to falsify the outcome, like they did for Clinton, Bushes, Obama, etc. whose outcome was less than 60%. And how do I know this, you ask? Hillary herself in one of her speeches mistakenly mentioned that if Trump wins less than 60% she’s president.

  2. What it means is that case had nothing to do with his prosecution. It was a case regarding the employees attempt to unionize.
    We would benefit from reporters doing at least basic research before writing articles, even “feel-good” ones.

  3. It seems to me that the way we digest current events many of us would likely support a candidate merely because Democrats oppose him, even in a situation where a reasonable analysis may indicate that they are not qualified, or not likely “good for the Jews”.
    (I don’t mean to insinuate that Judge Kavanaugh is not qualified or “good for us”.)

    • so what are you trying to say?
      Only democratic minds behave that way; if you don’t fall for their narrative you’re nothing worth. Look at trump, he was their darling for years and now that he is the Republican president its over. Even kavanaugh, approved by the clintons and so many dems before.. now suddenly cus trump wanted him he is no good. Republicans minds are wired differently

      • Trump was never the “darling” of Democrats. He was generally reviled as a corrupt, bombastic businessman in New York, the only place where folks really knew about him.

  4. Yup. Dick Durbin and Rahm Emanuel are adored by the Jewish community in Chicago. They can do no wrong. They are automatically voted in overwhelmingly time after time. Good luck.

  5. Kavenaugh claims he gives Pshat only, implying his opposition gives Drash. But K is no Rashi, who often defers to D’rash. K in good jesuitical fashion (by education and cult) instead, with J casuistry, gives the defendant a pass. The eruv rov don’t get much meaner. Rashi cultivated fine wines for conoisseurs, and didn’t boast and rave about “beer”, but only about bi’ur. Rashi wouldn’t join a baysdin that ravages universal ethical norms. Or party with the prost and risha’im. Schumer and Feinstein are just fools. K is a rash’a.

  6. the dissent had nothing to do with rubashkin the judge dissented because he held 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.”
    It is more accurate to say that his dissent is a reflection on how he views illegal immigrant workers than his support for rubashkin especially since rubashkin’s defense was that he did not employ illegals.

  7. the dissent had nothing to do with rubashkin the judge dissented because he held 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.” It is more accurate to say that it is a reflection on how he views illegal immigrant workers than his support for rubashkin especially since rubashkin’s defense was that he did not employ illegals.

    • Obviously.

      He didn’t side with him because he likes Chabad or because he likes Jews (something that no judge should do when deciding legal cases, the same way the other judge was terrible because she hated him specifically because she didn’t like Jews)
      Rather Judge Kavanagh sided with Rubashkin because of his views on employees who are immigrants and laws to do with employers.
      The headline is 100% correct. He was the only one to side with SMR in the legal witch hunt by the colluding anti semite Judge.

LEAVE A REPLY

Please enter your comment!
Please enter your name here