Tuesday, February 27, 2018

The Supreme Court Arguement over Union Fees and Free Speech

Today in Chipping Away at America as we knew it....


The Supreme Court takes up a case that proves Mitch McConnell was pretty damn smart in waiting to seat a new Supreme Court justice. And a price will be paid, just not by Mitch - by anyone who values the voices of the working stiff.

Yesterday the Supreme Court heard arguments in a case that will the 1977 precedent of  Abood v. Detroit Board of Education. Now if you have never heard of that decision join the group. It was one of many decisions, over years, that allowed Unions to collect fees from members working in a union shop. It is the modern support for labor unions.  As such, it has been something in the cross hairs of Republicans ever since they became the party of big business.

The argument put forward is that employees working in a Union Shop should not have to pay union fees, in this case, is based on free speech. That is, paying Union dues subsidizes the Union to take positions the members do not always agree with. This has been brought up before and is always ruled down, but the Republicans have packed the court now enough to pass this.

Interestingly, the plaintiffs are arguing here that fighting for higher wages is against their right to free speech. An argument made only for the purposes of dragging this to the Supreme Court.

If Abood is overturned, then Union members and workers in a Union shop can avoid paying dues, since those dues might be used to argue for things they are personally against.  In states where this has passed (17 states), like Wisconsin, the union membership falls, the unions advertising falls and Republicans benefit.

To twist oneself into supporting this, you must agree that Companies are "people" worthy of free speech, but that Unions are not "people" worthy of free speech. This argument falls apart when you look at other things people have to pay for that espouse positions they oppose - like taxes to our government, state and cities.

But for people that hate unions, the overturning of precedent here is a happy nail in the death of workers rights.

Why a win for Mitch McConell? Well, last time this came to the Supreme Court it failed 4-4. If Merritt Garland has been confirmed, it would have failed 4-5. But with Gorsech, Abood is pretty sure to be overturned 5 - 4.