Scalia

Supreme Court takes up case that will devastate public sector unions

In what is all but certain to be a terrible blow to organized labor, the Supreme Court announced on Thursday that it will hear Janus v. AFSCME, a case seeking to defund public sector unions. The case presents an issue that was recently before the Court, and where the justices split 4-4 along party lines. Now that Neil Gorsuch …

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The Trump administration is quietly making it easier to abuse seniors in nursing homes

The Trump administration is poised to undo rules issued by the Obama administration last year to protect seniors from a common tactic used by businesses to shield themselves from consequences for illegal conduct. Under these rules, issued last September, Medicare and Medicaid would cut off payments to nursing homes that require new residents to sign forced arbitration agreements, …

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A Scalia-less, deadlocked Supreme Court spares unions. For now.

When Justice Antonin Scalia died, virtually every labor activist in the country thought one thing: “Friedrichs?” Now, the Supreme Court has announced its decision on the case in question—and all those labor activists are breathing a sigh of relief. In January, the Supreme Court heard Friedrichs v. California Teachers Association, a case brought by anti-union groups to explicitly weaken public …

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When Scalia Died, So Did ‘Friedrichs’—And an Even Grander Scheme To Destroy Unions

Conservatives had a great plan in motion to decimate unions. If Justice Antonin Scalia hadn’t died in his sleep, they almost certainly would have pulled it off. First they got the Court to rule their way in 2014’s Harris v. Quinn, which targeted home healthcare unions. Like “right to work” laws, the case sought to gut unions’ funding and diminish solidarity by saying that …

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As Long As the Supreme Court Is Setting Labor Policy, the Labor Movement Can Never Revive Itself

First published at Jacobin. With the death of leading anti-union reactionary Antonin Scalia, the current docket of Supreme Court cases has been thrown into turmoil. For the labor movement, Scalia’s departure means narrowly escaping the anticipated anti-union decision in Friedrichs v. California Teachers Association. While most commentators expected a 5-4 anti-union ruling, the most likely result now is a …

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Friedrichs Is Dead; Labor’s Crisis Is Not. The ‘Scalia Dividend’ Is a Rare Opportunity for Unions.

The Friedrichs vs. CTA Supreme Court case, a nakedly partisan assassination attempt on the labor movement, has died with Justice Antonin Scalia. What cannot die with it is the sense of existential crisis within the labor movement. We need a far-reaching conversation about the pathway back to increased activism, membership and power. Like few moments before it, …

Friedrichs Is Dead; Labor’s Crisis Is Not. The ‘Scalia Dividend’ Is a Rare Opportunity for Unions. Read More »

How Scalia’s Death Affects That Important Public-Employee Union Case

With the death of Supreme Court Justice Antonin Scalia’s death Saturday, the court’s ideologically conservative 5-4 majority is no more. One big case this affects is Friedrichs v. California Teachers Association, which the conservative ideological majority on the court was prepared to use to bankrupt public-employee unions. Now they can’t do that. The Friedrichs case …

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Employee Rights Short Takes: Scalia’s Impartiality Questioned, Two Punitive Damage Awards, Disability Discrimination And More

Here are a few employee rights Short Takes worth noting: Scalia Says Due Process Clause Does Not Prohibit Sex Discrimination For those who may have missed it, Justice Antonin Scalia recently expressed his view that neither women nor gays are protected against discrimination under the 14th amendment of the Constitution. The statement was made in …

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.