Random Thoughts. Scalia is still dead and he took Friedrichs with him.


Like unionists everywhere, I supported the California Teachers Association side in the Friedrichs case.

For those living in a cave: If the SCOTUS ruled in favor of Friedrichs, it would have ended the practice of agency fees. In Illinois, for example, teachers don’t have to join the union in the district where they teach, but they must pay a fee to the union for the representation, rights and compensation that having a union provides for them. That right is guaranteed to workers in the private sector. The issue before the court was whether workers in the public sector have that same right.

The concern was that the five conservative justices seemed to give the impression that they would rule against agency fees for public workers.

With the death of Justice Scalia, The Grim Reaper seems to have sided with the unions. A four to four vote will leave the right to fair share in place.

There is a certain absurdity to the fact that in a democracy the death of one man decides the fate of millions of working people.

In the brief moment before Scalia left this mortal plane our national and state union leaders acted as if they were worried about keeping members who wouldn’t be required to pay dues. What I fear is that this means that the state leadership of our teacher unions can go back to sleep.

Although I am not entirely convinced they ever were really awake.

4 Replies to “Random Thoughts. Scalia is still dead and he took Friedrichs with him.”

  1. I have never, ever, rejoiced at another person’s death. But I felt a deep, deep profound relief when I heard of Scalia’s death, which then would end the threat of the Friedrich case.

  2. I, too felt, a sense of relief. Yesterday I came across an HP article about how the WV legislature overturned the governor’s veto to make WV a right to work for less state. The article said in RTW states, unions must represent freeloaders — that in itself sounds like a worse assault on the 1st Amendment than the phony argument put forth by Friedrichs. Maybe that’s the court case that needs to make it up to the Supremes once the court is fully staffed, if Obama can get a nominee through.

  3. Reprieved by fate while on route to the death house! Let’s hope the unions wake up. This gets them some time, but this may well come back in a couple of years. The best thing to do is to make every effort to elect democrats to regain control of the senate, and get a democrat in the white house. If we fail, this reprieve will only be temporary.

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