Wednesday, June 27, 2018

SCOTUS gets another one very right

In a nation riven by chaos, at least one body is moving in the direction of ever-greater clarity:

The Supreme Court has just issued its long-awaited ruling in Janus v. AFSCME 31, holding that public sector unions cannot compel the payment of agency fees from nonmembers. The ruling was 5-4, with Justice Gorsuch casting the vote that Justice Scalia would have cast in the case before the Court presenting the same issue at the time of Justice Scalia’s death. 
In an opinion by Justice Alito, the Court overruled the Abood case, holding that fundamental First Amendment principles of free association precluded the result in that case. Public employees cannot be forced to subsidize a union if they choose not to join and strongly object to the positions the union takes in collective bargaining and related activities. The public sector unions subject to this ruling have anticipated this outcome and planned to minimize its impact. The impact is not entirely predictable.
This is another case that vindicates the stand of Senate Republicans declining to take up the nomination of Merrick Garland in President Obama’s last year in office. Senate Majority Leader Mitch McConnell and Senate Judiciary Committee Chairman held GOP Senators together in the face of a withering Democrat/media barrage.
Most federal-court cases involving free speech concern the prohibiting thereof. What makes this one interesting (not to mention glorious!) is that it's about compelling speech.


4 comments:

  1. Vindicates the stand of Republicans.

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  2. Vindicates the stand of those loser Dems who saw this coming of course. Still as close a call as you can get again demonstrating how reasonable minds can differ and that a indeed the glory of the Supreme Court of these United States you've written so many obituaries for.

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  3. Well, the most reasonable minds had the preponderance of votes! Beautiful and glorious!

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  4. Just a ruling on the law. Makes sense to me. Beautiful and glorious is hyperbole.

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