Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: BuckeyeTexan

No, but it is treated as such. Whatever the case was that the 9th Circuit decided, it applies ONLY to the parties involved, just as the Roe v. Wade decision SHOULD have constitutionally affected ONLY the parties involved, NOT the whole country.


18 posted on 03/29/2016 7:49:14 AM PDT by Jim W N
[ Post Reply | Private Reply | To 11 | View Replies ]


To: Jim 0216

It’s not a new precedent and not national law. The states decide. The following is from a NYT article earlier this year.

In the 1977 decision, Abood v. Detroit Board of Education, the Supreme Courtmade a distinction between two kinds of compelled payments. Forcing nonmembers to pay for a union’s political activities violated the First Amendment, the court said. But it was constitutional, the court added, to require nonmembers to help pay for the union’s collective bargaining efforts to prevent freeloading and ensure “labor peace.”


22 posted on 03/29/2016 7:56:22 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
[ Post Reply | Private Reply | To 18 | View Replies ]

To: Jim 0216
No, but it is treated as such. Whatever the case was that the 9th Circuit decided, it applies ONLY to the parties involved, just as the Roe v. Wade decision SHOULD have constitutionally affected ONLY the parties involved, NOT the whole country.

Correct, except that when they render their verdict, lower courts are going to follow that decision in any other cases they have. If another case gets to the SC, theoretically it should get the same answer as the original case, so there's not much point in lower courts issuing an opposite ruling.
38 posted on 03/29/2016 5:32:09 PM PDT by Svartalfiar
[ Post Reply | Private Reply | To 18 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson