It’s Time for the Labor Movement To Pursue a New Judicial Activist Agenda

[marmar]

(In These Times) Unions that were bracing for a major defeat in Friedrichs v. CTA breathed a sigh of relief following the death of Supreme Court Justice Antonin Scalia. He was expected to be the decisive fifth vote against the California Teachers, and the outcome likely would have severely weakened American public sector unions. But Friedrichs likely died with Scalia.

More than a respite between anti-union attacks, this moment is an opportunity for a new judicial activism by the labor movement to win new rights and benefits and to match the planning and aggressiveness of the right-wing plot to kill unions.

Moshe Marvit detailed in these pages how Friedrichs was part of a grander scheme of right-wing litigation aimed at destroying unions. Well-heeled union-busters strategically lodge lawsuits to line up Supreme Court appeals that build on precedents like Harris v. Quinn and the now never-to-be Friedrichs, confident of a 5-4 vote in their favor.

Heretofore, unions have mostly limited their own judicial advocacy to stopping these attacks. With the Supreme Court now poised to tilt to a liberal majority that will last a generation, it is time for labor to develop its own judicial activist agenda. Ironically, a decision for the bosses in Friedrichs could have had the confounding effect of granting unions new 1st Amendment rights we have long been denied. Now, we have the opportunity to advance our own agenda to make union activity constitutionally protected free speech. ................(more)

http://inthesetimes.com/working/entry/18986/labor-movement-judicial-activism-scalia-supreme-court

[Trust Buster]

1. I agree wholeheartedly.