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Curious Dissent: Kavanaugh Hates Brazilian Steak and Puts Ketchup on Pasta

By George Khoury, Esq. | Last updated on

While the debate over whether Judge Kavanaugh should or shouldn't be confirmed may be raging on along partisan lines, taking a look at one of his more curious dissents might provide a little bit of a different perspective on the High Court hopeful.

Though much of the coverage tends to focus on his partisan views reflected in various cases, the Fogo de Chao v. Dept. of Homeland Security case will probably forever haunt him as much as the fact that he put ketchup on pasta. Putting it convolutedly, Kavanaugh is as much a chef as he is a duck, but he still makes decisions involving chefs based on his assumption that training American chefs to be Brazilian chefs and educators must be easy.

Ruining Steak

Although Kavanaugh has not come out and said he likes his steaks well-done with ketchup like President Trump, based on his dissent in the Fogo de Chao case, and his reputation for bland food, one can easily assume the same. In the 2014 Fogo de Chao opinion, he dissented from the majority opinion which overturned the decision to deny the Fogo de Chao restaurant chain the right to import authentic Brazilian chefs to be their chefs and educators.

In case you don't know the restaurant chain, it's a fancy Brazilian steakhouse where you pay for an all you can eat feast of traditional Brazilian BBQ. The meat is brought around by the traditionally trained staff on giant skewers, and cuts of meat are carved table-side for the diners eating pleasure.

Judge Kavanaugh's dissenting opinion explained that he believed the restaurant was merely seeking to import Brazilian workers to cut down on their labor costs, rather than out of a need to get qualified workers. He explained to the large restaurant chain, in his dissent, that they need to pay more to attract American chefs that can do the job. Kavanaugh flat out disagreed with the majority that ruled that having specialized knowledge to warrant a work visa could include cultural knowledge.

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