Update: SC Split over Labor, 4-4

| | Comments (0) | TrackBacks (0)
Just this Tuesday, the Supreme Court handed down a one-page per curiam decision in the controversial case Friedrichs v. California Teachers Ass'n, (14-915), which concerned whether or not teachers could be compelled to subsidize a union they had not joined. The Court effectively ruled that they could, simply by failing to muster a fifth vote for reversal.

This ruling sets no lasting precedent, but it is unlikely that the Court will overturn both Abood v. Detroit Board of Education and this opinion in the future. President Obama's current nominee to fill the vacant seat, Judge Merrick Garland, has frequently sided with organized labor in the lower courts, and will probably join the liberal bloc in a possible rehearing, denying Friedrichs' claim more permanently. Even if this specific case, or another presenting a similar question, is reheard before the Court changes, it is unlikely to have a different result.

Though this may appear to be a triumph of the right to collective bargaining, in reality it weakens the protection of individual opinions that is essential to the preservation of our constitutional framework. As the Court observed more than seventy years ago, "It seems trite but necessary to say that the First Amendment was designed to avoid these ends by avoiding these beginnings... We set up government by consent of the governed, and the Bill of Rights denies to those in power any legal opportunity to coerce that consent" West Virginia v. Barnette, 319 U.S. 624 (1943). That statement seems equally applicable now.

Our earlier "On Certiorari" discussion of this case with Michael Carvin, petitioner's lawyer

0 TrackBacks

Listed below are links to blogs that reference this entry: Update: SC Split over Labor, 4-4.

TrackBack URL for this entry: http://www.planetgreen.org/cgi-bin/mt/mt-t.cgi/142

Leave a comment


Type the characters you see in the picture above.

About this Entry

This page contains a single entry by Katrianna Brisack published on March 30, 2016 6:45 AM.

Enjoin Yourself! (From Using Apple Gadgets) was the previous entry in this blog.

"Making One Year Count" for Don Blankenship is the next entry in this blog.

Find recent content on the main index or look in the archives to find all content.