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01/28/2016

Linda Greenhouse on Friedrichs v. CTA and 'Scalia's Putsch'
Michael Ramsey

In The New York Times, Linda Greenhouse: Scalia’s Putsch at the Supreme Court.  She's upset that the Court appears likely to overrule a prior decision:

On June 30, four days after handing down the marriage decision, Obergefell v. Hodges, the court announced that it would hear a major challenge to the future of public-employee labor unions. That case, Friedrichs v. California Teachers Association, was argued last week. As was widely reported, the outcome appears foreordained: the court will vote 5 to 4 to overturn a precedent that for 39 years has permitted public-employee unions to charge nonmembers a “fair-share” fee representing the portion of union dues that go to representing all employees in collective bargaining and grievance proceedings. As the exclusive bargaining agent, a union has a legal duty to represent everyone in the unit, whether members or not; the fee addresses the problem of “free riders” and the resentment engendered by those who accept the union’s help while letting their fellow workers foot the bill.

...

I want to focus here, however, not on the implications the Friedrichs case holds for the public workplace, but on what it means for the Supreme Court. Actually, I couldn’t express my concern better than Justice Stephen G. Breyer did last week when he questioned Michael A. Carvin, the lawyer for the 10 California teachers who are challenging the state’s labor law. ...