It must be Groundhog Day. There’s another Supreme Court case that could “deal a major blow to labor unions.”
Yes, the National Right to Work Foundation is getting another chance to impose “Right to Work” on the entire nation through Supreme Court fiat.
Nevermind how voters may feel about it. After Maine lawmakers passed “Right to Work” in 1947, voters repealed the law by a two-to-one majority. In 1958, California and Colorado voters refused “Right to Work” by three-to-two margins; Ohio voters turned it down two-to-one; and voters in the state of Washington said “no” by a margin of nine-to-five. Ohio lawmakers ignored the 1958 ballot results and passed “Right to Work” in 2011; and voters repealed the law by an overwhelming margin. Missouri lawmakers passed “Right to Work” last year; but the law is now on hold, and voters will have the final say in a referendum this fall.
Nevermind the state legislatures that have had second thoughts about “Right to Work.” In both New Hampshire and Delaware, state legislatures adopted “Right to Work” in 1947 – and then repealed it in 1949. Louisiana’s legislature passed “Right to Work” in 1954 and repealed it in 1956 (and then passed it again in 1976). Indiana passed “Right to Work” in 1957 and repealed it in 1965 (and then passed it again in 2012).
Nevermind that conservatives are supposed to be opposed to judicial activism. The National Right to Work Foundation wants the Supreme Court to make “Right to Work” the law of the land. The Foundation has been using court cases to chip away at labor unions since 1968 – and they’re proud of it. You can read a list of the court cases they’ve brought against unions here.
If they succeed, what happens next? All the press coverage has been about the potential damage to labor unions. But what about
Government contracting? The National Right to Work Foundation wants the Supreme Court to rule that government contracting is an “inherently political” process. That may sound good to the Foundation, in the context of union-busting, but what about the rest of government contracting? At last report, the federal government negotiated more than 3.8 million contracts a year, totaling about $440 billion in spending – and about 2% of the federal workforce was made up of “contract professionals” (who are not union members). What happens if the Supreme Court adds “politics” to the list of reasons a procurement decision can be challenged? Will taxpayers or business competitors be able to challenge contract decisions on the basis of politics? (For instance, the $24 million refrigerator upgrade to Air Force One – was that decision tainted by the $16.7 million in lobbying that Boeing paid for, last year? The more than $1 million its PAC has “invested” in this year’s federal campaigns? The more than $2 million it spent on the 2016 campaigns?)
Employers’ rights? The National Right to Work Foundation wants the Supreme Court to rule that an employee’s “right” to not associate with the union takes precedence over his employer’s right to determine conditions of employment. That may sound good to the Foundation, in the context of union-busting, but what about the rest of employer-employee relations? What happens when an employer requires a security clearance, but the employee wants to associate with terrorist organizations? When an employer wants to maintain a mainstream “brand” but the employee wants to use Facebook and Twitter to advertise his association with the American Nazi Party?
States’ rights to decide the terms and conditions of their workers’ employment?
40 years’ worth of judicial precedents, not just in labor law, but also First Amendment interpretation? (If workers’ First Amendment rights trump their public employers’ interests, won’t that open the floodgates for “leaks” to the press?)
What about all the other potential ramifications of this case?
Remember Citizens United? Citizens United President David Bossie is on the GOP’s National Committee and a “veteran conservative operative.” The Supreme Court used his court case to overturn campaign finance laws. Now Congress is openly doing what their donors (not voters) want. Read the Brennan Center’s How Citizens United Changed Politics and Shaped the Tax Bill. Read Politico’s Big donors ready to reward Republicans for tax cuts. Is this really what the Supreme Court had in mind, when it ruled in Citizens United?
Remember Hobby Lobby? Salon describes how Hobby Lobby is “quietly funding a vast right-wing movement.” The Supreme Court used its case to give religious rights to for-profit corporations, and now we’re beginning to see the consequences. Cardozo Law Review explored how employers could use the Hobby Lobby decision to sidestep employment-discrimination laws. And at least one federal court has already allowed a corporation to fire an employee for “religious” reasons, notwithstanding the 1964 Civil Rights Act.
Notice how “Right to Work” is being pushed by special-interest organizations? The Koch-connected American Legislative Exchange Council (ALEC). The Koch-funded Americans for Prosperity. The Koch-affiliated US Chamber of Commerce. And, of course, the Koch-funded National Right to Work groups. Notice how it’s not being pushed by actual businesses? Not in New Hampshire. Not in Ohio. But the ripple effect of this court case could be huge.
Groundhog Day. Janus v. AFSCME. Another chance for the Supreme Court to reinforce the impression that it’s an extension of the Republican Party. After all the headlines about Merrick Garland and Neil Gorsuch, what are citizens supposed to think? Both President Trump and Senate Majority Leader Mitch McConnell claim Justice Gorsuch as “an accomplishment.” The RNC based a fundraising campaign on his confirmation. The Court just blocked a lower court’s order that North Carolina redraw its election maps, because the old maps were unconstitutional partisan gerrymandering that favored the GOP. (And now Pennsylvania’s GOP legislators want the Court to block a similar ruling in their state.)
Groundhog Day. Another attack by the special interests that have been transforming our government into an oligarchy. (“Oligarchy” – government by the few, especially despotic power exercised by a small and privileged group for corrupt or selfish purposes)
Voters’ view, last election day: 72 percent agree “the American economy is rigged to advantage the rich and powerful.” 75 percent agree that “America needs a strong leader to take the country back from the rich and powerful.”
Granite Staters’ view, now: only 14% think voters have more influence than special interests.
Groundhog Day, the movie, reminds us that we can be doomed to repeat the same thing over and over until we “get it right.” (How fitting that the movie is now back in theaters for its 25th anniversary.)
It’s supposed to be our government. When are we going to get this right?