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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSupreme Court Agrees to Hear Case That Will Likely Wipe Out Public-Sector Unions
http://www.slate.com/blogs/the_slatest/2015/06/30/public_sector_unions_case_supreme_court_will_decide_whether_they_re_unconstitutional.htmlOn Friday the Supreme Court agreed to hear a case next term that could wipe out public-sector unions. These unions require all public employees in a certain profession to pay fees associated with nonpolitical union representation, like collective bargaining. Now 10 California teachers, along with the Christian Educators Association International, are suing to halt the collection of these fees. They believe that mandatory union payments constitute compelled political speech in violation of the First Amendment.
There is virtually no chance that the Supreme Court will disagree. Over the last several years, Justice Samuel Alitoundoubtedly unions biggest enemy on the courthas been tightening the noose around unions necks. Joined by his fellow conservatives, Alito has issued two rulings that restricted public-sector unions ability to collect mandatory fees. In the second of these cases, Alito essentially telegraphed that he was prepared to rule that the entire system of mandatory fees is unconstitutionaloverturning settled precedent in the process. Next term, he will have that opportunity. And there is every reason to believe he (and the courts other conservatives) will take it.
Stripped of the ability to collect mandatory fees, many public-sector unions will lose much of their bargaining power. Some will likely collapse. This consequence is especially noteworthy given that conservatives claimed their ruling in Citizens United would empower both corporations and unions. Now the court is poised to wipe out public-sector unions in the name of free speech. And corporations will still be free to dump billions of dollars into elections to achieve the outcome they desire.
There is virtually no chance that the Supreme Court will disagree. Over the last several years, Justice Samuel Alitoundoubtedly unions biggest enemy on the courthas been tightening the noose around unions necks. Joined by his fellow conservatives, Alito has issued two rulings that restricted public-sector unions ability to collect mandatory fees. In the second of these cases, Alito essentially telegraphed that he was prepared to rule that the entire system of mandatory fees is unconstitutionaloverturning settled precedent in the process. Next term, he will have that opportunity. And there is every reason to believe he (and the courts other conservatives) will take it.
Stripped of the ability to collect mandatory fees, many public-sector unions will lose much of their bargaining power. Some will likely collapse. This consequence is especially noteworthy given that conservatives claimed their ruling in Citizens United would empower both corporations and unions. Now the court is poised to wipe out public-sector unions in the name of free speech. And corporations will still be free to dump billions of dollars into elections to achieve the outcome they desire.
Sigh. Looks like their brief moment of lucidity has passed.
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Supreme Court Agrees to Hear Case That Will Likely Wipe Out Public-Sector Unions (Original Post)
KamaAina
Jul 2015
OP
Human101948
(3,457 posts)1. As corporatists they usually rule in ways that bolster corporations...
If it doesn't much affect the bottom line, they're liberal.
While Citizens United may mark the triumph of the Powell-Chamber of Commerce plan, the growing backlash of conservatives along with most Americans shows that William Rehnquist may have the last word after all. His prescient words of dissent in 1986 are likely to long outlast the metaphorical sleights of hand that invent corporate speakers, voices and persons: For in a democracy, he said, the economic is subordinate to the political, a lesson that our ancestors learned long ago, and that our descendants will undoubtedly have to relearn many years hence.[22]
Americans are relearning this lesson, as Montanans showed in November 2012. Now, increasing numbers of lawyers, judges, and law professors are joining the millions of Americans of widely varied political viewpoints who are applying this lesson and working to overturn Citizens United and the fabrication of corporate rights in our Constitution of the people.
When that day comes, as it must, William Rehnquists work, at times lonely, to remind his colleagues and the nation of the dangers of misplaced metaphor about corporations and the Constitution will be vindicated once again.
http://www.acslaw.org/acsblog/the-conservative-versus-the-corporatist-justice-rehnquist%E2%80%99s-opposition-to-justice-powell%E2%80%99s
Let's hope this is the case!
While Citizens United may mark the triumph of the Powell-Chamber of Commerce plan, the growing backlash of conservatives along with most Americans shows that William Rehnquist may have the last word after all. His prescient words of dissent in 1986 are likely to long outlast the metaphorical sleights of hand that invent corporate speakers, voices and persons: For in a democracy, he said, the economic is subordinate to the political, a lesson that our ancestors learned long ago, and that our descendants will undoubtedly have to relearn many years hence.[22]
Americans are relearning this lesson, as Montanans showed in November 2012. Now, increasing numbers of lawyers, judges, and law professors are joining the millions of Americans of widely varied political viewpoints who are applying this lesson and working to overturn Citizens United and the fabrication of corporate rights in our Constitution of the people.
When that day comes, as it must, William Rehnquists work, at times lonely, to remind his colleagues and the nation of the dangers of misplaced metaphor about corporations and the Constitution will be vindicated once again.
http://www.acslaw.org/acsblog/the-conservative-versus-the-corporatist-justice-rehnquist%E2%80%99s-opposition-to-justice-powell%E2%80%99s
Let's hope this is the case!
mike_c
(36,281 posts)2. the thing that outrages me the most about this case...
...is the premise that fair workplace representation for all employees is a "political" issue. Collective bargaining is only a political matter to conservative politicians who view labor as little more than raw material to grind up for corporate profits.