Supreme Court : Employee Freedom Case

[B-Man]

SUPREME COURT GRANTS CERT IN HISTORIC EMPLOYEE FREEDOM CASE

by John Hindraker

It didn’t make the biggest headlines, but the most important thing that happened today was the U.S. Supreme Court’s granting of certiorari in Janus v. American Federation of State, County and Municipal Employees, Council 31. I wrote about the Janus case here:

The case raises issues substantially identical to those in

Friedrichs v. California Teachers Association

.

In

Friedrichs

, decided last year, the Court split 4-4 following the death of Justice Scalia, and therefore left standing a 9th Circuit decision adverse to the plaintiff, a California school teacher. In

Janus

, like

Friedrichs

, plaintiffs are asking the Court to overturn the ruling in

Abood v. Detroit Board of Education

and bar public employees from being forced into unions, or from being required to support unions via the fiction of “fair share” contributions. It is widely believed that Rebecca Friedrichs would have won her case had Scalia lived, and that, with Neil Gorsuch now sitting in place of Scalia, Janus and his co-plaintiff will win,

Abood

will be overturned, and public sector unions will be dealt a very serious blow.

While rich leftists are often assumed to be the main supporters of the Democratic Party, it is public sector unions that provide the lion’s share of the Democrats’ funding. They take money involuntarily from their members, a large majority of whom have never even voted on whether to be represented by a union, and many of whom disapprove of the union’s agenda, and recycle that money into left-wing causes, Democratic Party candidates, and inflated salaries for countless union officials. The entire system is the number one form of corruption in American public life.

If, as expected, Justice Gorsuch casts the decisive fifth vote in favor of Mark Janus, that cycle of corruption will come to a screeching halt. All public employees in the U.S. will, in effect, be treated as though they were in a right to work state. Those who don’t want to be represented by the union, or support it, won’t have to. The effect on the public sector unions, and the Democratic Party, will be devastating, as we have seen in Wisconsin. When teachers and other public employees aren’t required by law to support Democratic Party unions, they desert them in droves.

Although it was expected, unions have reacted hysterically to the Supreme Court’s granting of cert in Janus. The country’s four largest public sector unions–AFSCME, the American Federation of Teachers, the National Education Association, and SEIU–issued a joint press release. It is over the top:

{SNIP}............Multiple examples at the link

Leftists are selectively enthusiastic about stare decisis–it is wonderful when they are trying to avoid reversal of the ill-advised Abood, not so wonderful when they are arguing for a brand-new constitutional right to, for example, gay marriage. The last thing the Democrats want is for public employees to be liberated to support the causes and politicians they believe in, rather than the ones the corrupt union selects.

Minnesota, where I live, is one of a number of states where public sector unions, especially teachers’ unions, are by far the most powerful political force. Conservatives who rely on voluntary contributions cannot begin to match the enormous revenues the teachers’ unions extract by force from people who are legally compelled to pay them. If the Supreme Court sides with the Janus plaintiffs, the political landscape in such states will be transformed.

The unions believe such a result is highly probable, which accounts for their hysteria. Our Never Trump friends should acknowledge that if Hillary Clinton had won the election, she would have appointed a justice to succeed Antonin Scalia who would have voted to keep public employees in a state of involuntary servitude to the unions, and the Democratic Party, forever.



 

 

 

 

[Koko78]

It's not a coincidence that the top 3 lobby groups in NY are unions.

[row_33]

so a total weasel way to get around Right to Work laws?

[Tiberius]

This is a done deal. No way he court allows middle class people to raise money to lobby the government. Only the super wealthy should have a say

[LeviF]

Also in USSC news today: the DC Circuit rejected a request to hear Wrenn/Grace vs. DC en banc. District has 7 days to petition the USSC or they become shall-issue for CCW permits. This creates a circuit split between DC and the 2nd, 3rd, 4th, and 9th circuits.

[DC Tom]

I've mentioned it before; AFT spends more than 50% of it's annual budget on lobbying, and only something around 20% on member benefits.

[row_33]

MAGA

[B-Man]

I've mentioned it before; AFT spends more than 50% of it's annual budget on lobbying, and only something around 20% on member benefits.

 

WOW !

 

 

 

 

I forgot the best part.

 

 

D’OH! ThinkProgress justice editor just ‘gave up the entire liberal agenda’ in 1 tweet

The U.S. Supreme Court has agreed to hear a case that could result in “Right to Work” applying to public sector employees, possibly resulting in no mandatory dues payments to public sector unions. Obviously this is a frightening prospect for the Left. ThinkProgress Justice Editor Ian Millhiser explains exactly why:

 

Ian Millhiser

✔@imillhiser

Supreme Court takes up case that will devastate public sector unions https://thinkprogress.org/scotus-case-devastate-unions-ce0dc152813a/ …

10:02 AM - Sep 28, 2017

 

And why is that so concerning to the Left? Worker rights?

 

Well, that’s not at the top of the list:

 

Ian Millhiser

✔@imillhiser

Just so we're clear what's going on here, the GOP is using its stolen SCOTUS seat to devastate a major source of Democratic political power. https://twitter.com/imillhiser/status/913403606644215808 …

10:03 AM - Sep 28, 2017

 

Really Ian !!

I mean, thanks for admitting the real reason you're concerned about public sector unions

 

 

What a winning argument. "You see, right now the law forces those who object to donate to a major source of Democratic political power..."

 

 

Elections have consequences -- Barack Obama

[Azalin]

Just so we're clear what's going on here, the GOP is using its stolen SCOTUS seat to devastate a major source of Democratic political power

 

 

 

Stolen SCOTUS seat?

[Magox]

McConnell is such an establishment RINO cuck.