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More Winning at SCOTUS!
SCOTUS ^ | June 27, 2018 | SCOTUS

Posted on 06/27/2018 7:04:17 AM PDT by luv2ski

JUSTICE ALITO delivered the opinion of the Court. Under Illinois law, public employees are forced to subsi­ dize a union, even if they choose not to join and strongly object to the positions the union takes in collective bar­ gaining and related activities. We conclude that this arrangement violates the free speech rights of nonmem­ bers by compelling them to subsidize private speech on matters of substantial public concern. We upheld a similar law in Abood v. Detroit Bd. of Ed., 431 U. S. 209 (1977), and we recognize the importance of following precedent unless there are strong reasons for not doing so. But there are very strong reasons in this case. Fundamental free speech rights are at stake. Abood was poorly reasoned. It has led to practical problems and abuse. It is inconsistent with other First Amendment cases and has been undermined by more recent decisions. Developments since Abood was handed down have shed new light on the issue of agency fees, and no reliance interests on the part of public-sector unions are sufficient to justify the perpetuation of the free speech violations


TOPICS: Breaking News; Government; News/Current Events; US: Michigan
KEYWORDS: abood; aflcio; afscme; biglabor; firstamendment; freespeech; fundingtheleft; janus; janusvafscme; laborunions; maga; nea; ruling; scotus; teamsters; trumpscotus; uaw; unions; winning
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To: Luircin

But remember that Justice Alito was W’s second choice. The first: Harriet Miers.


101 posted on 06/27/2018 7:50:00 AM PDT by kosciusko51
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To: Reno89519
From the NYT: It's raining body parts from exploding LIBS and RATS!
102 posted on 06/27/2018 7:50:00 AM PDT by upchuck (Perception is reality and reality is whatever I decide it to be. ~ tinyurl.com/congressmanx)
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To: luv2ski

Not tired yet.

5.56mm


103 posted on 06/27/2018 7:51:52 AM PDT by M Kehoe
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To: Reno89519

Well, opting out won’t be an issue. Alito has ruled that members must opt in.lol...he’s no dummy! So, that bit of scheming is for naught:)


104 posted on 06/27/2018 7:52:32 AM PDT by SE Mom (Screaming Eagle mom)
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To: Ezekiel

Do you ever notice how, when it’s 5-4 for us, every headline is “narrow decision” or “deeply divided court”, when it’s 5-4 for them, it’s “God has spoken, now shut up”.


105 posted on 06/27/2018 7:54:25 AM PDT by Jim Noble (The more you tighten your grip, the more star systems will slip through your fingers)
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To: nwrep

All Government employees should realize that the process of collective bargaining, as usually understood, cannot be transplanted into the public service. It has its distinct and insurmountable limitations when applied to public personnel management. The very nature and purposes of Government make it impossible for administrative officials to represent fully or to bind the employer in mutual discussions with Government employee organizations. The employer is the whole people, who speak by means of laws enacted by their representatives in Congress. Accordingly, administrative officials and employees alike are governed and guided, and in many instances restricted, by laws which establish policies, procedures, or rules in personnel matters.

Particularly, I want to emphasize my conviction that militant tactics have no place in the functions of any organization of Government employees. Upon employees in the Federal service rests the obligation to serve the whole people, whose interests and welfare require orderliness and continuity in the conduct of Government activities. This obligation is paramount. Since their own services have to do with the functioning of the Government, a strike of public employees manifests nothing less than an intent on their part to prevent or obstruct the operations of Government until their demands are satisfied. Such action, looking toward the paralysis of Government by those who have sworn to support it, is unthinkable and intolerable. It is, therefore, with a feeling of gratification that I have noted in the constitution of the National Federation of Federal Employees the provision that “under no circumstances shall this Federation engage in or support strikes against the United States Government.”

—FDR


106 posted on 06/27/2018 7:54:48 AM PDT by Moonman62 (Give a man a fish and he'll be a Democrat. Teach a man to fish and he'll be a responsible citizen.)
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To: luv2ski
How will this be implemented? That now is the $64,000 questions. I read that there are many schemes to undermine this--give unions private access to new employees, share private info with unions, create weird rules to drop out of unions, etc. In Hawaii, the state is paying union fees out of taxpayer funds.

Best if employees were simply asked (privately), do you want to continue being a member of a union, yes/no.

And, like we recently saw with the federal government, no union business on government time, no union offices, nothing.

But, alas, we'll see this battle fought over coming years.

107 posted on 06/27/2018 7:56:51 AM PDT by Reno89519 (No Amnesty! No Catch-and-Release! Just Say No to All Illegal Aliens! Arrest & Deport!y)
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To: kosciusko51

I remember. *shudder*


108 posted on 06/27/2018 7:58:44 AM PDT by Luircin
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To: SE Mom

So, you think court ruling will mean No Funds to Unions here-forward without Opt-In first? I doubt it. That would be fantastic if all funds immediately stopped and then only restarted with a verifiable Opt-In.


109 posted on 06/27/2018 7:59:08 AM PDT by Reno89519 (No Amnesty! No Catch-and-Release! Just Say No to All Illegal Aliens! Arrest & Deport!y)
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To: luv2ski

I wonder if this opens the door for new collective bargaining organizations to spring up. More conservative groups could organize, and employees could opt to join one of them, or none at all. Could get interesting.


110 posted on 06/27/2018 8:01:36 AM PDT by MayflowerMadam (Have an A-1 day.)
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To: SE Mom

Okay, where is the text for Opt-In. I just did quick keyword search and cannot find anything close. Where and how does it say that people must opt in? And is this for future employees or for current union members? Do current union members get presumed opt-in or do they now need to register to opt in?


111 posted on 06/27/2018 8:02:38 AM PDT by Reno89519 (No Amnesty! No Catch-and-Release! Just Say No to All Illegal Aliens! Arrest & Deport!y)
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To: Lurker

A
M
E
N
!


112 posted on 06/27/2018 8:02:49 AM PDT by MayflowerMadam (Have an A-1 day.)
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To: laplata
YEEEEEEEAAAAH!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


113 posted on 06/27/2018 8:05:58 AM PDT by 4Liberty (illegal immigration is a "process" crime too....)
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To: Reno89519

Hold on...I’ll find it- it’s there.


114 posted on 06/27/2018 8:08:53 AM PDT by SE Mom (Screaming Eagle mom)
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Top of the hour at CNN and PMSNBC. Neither has talked about the supreme court decision.

CNN is making up lies about the DT/Putin meeting ...


115 posted on 06/27/2018 8:09:10 AM PDT by bob_esb (wAT)
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To: GonzoII
I just overdosed on winning🙃🙃🙃😉😉😉

It's OK

Just apply a good lathering of Schadenfreude salve.

The WINNING is wide and deep

Still waters run deep

Watch the water

116 posted on 06/27/2018 8:09:48 AM PDT by spokeshave2 (Formerly as spokeshave...now restarted after computer issues.)
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To: luv2ski
As I think about this ruling: States and public-sector unions may no longer extract agency fees from nonconsenting employees. This procedure violates the First Amendment and cannot continue.

Okay, will Trump and his cabinet order all union payments to stop UNTIL a government employee Opts-In? It would be great if they set that standard and trend.

117 posted on 06/27/2018 8:10:08 AM PDT by Reno89519 (No Amnesty! No Catch-and-Release! Just Say No to All Illegal Aliens! Arrest & Deport!y)
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To: SE Mom
I found it! First found quoted text in LA Times, now here from the ruling: 3. For these reasons, States and public-sector unions may no longer extract agency fees from nonconsenting employees. The First Amendment is violated when money is taken from nonconsenting employees for a public-sector union; employees must choose to support the union before anything is taken from them. Accordingly, neither an agency fee nor any other form of payment to a public-sector union may be deducted from an employee, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay. Pp. 48–49.

Wow! That means public sector employees everywhere should be getting big increase in they paychecks next payday. The clarity of that ruling means that no organization can simply take the money out as if the ruling had not occurred and then hope the employee is too stupid to ask for it back.

118 posted on 06/27/2018 8:13:08 AM PDT by Reno89519 (No Amnesty! No Catch-and-Release! Just Say No to All Illegal Aliens! Arrest & Deport!y)
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To: Reno89519

Yes! Just found it and was about to post to you! Alito is so matter-of-fact about it, as if....come on, man.


119 posted on 06/27/2018 8:16:06 AM PDT by SE Mom (Screaming Eagle mom)
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To: 4Liberty

Beautiful! Thank you.


120 posted on 06/27/2018 8:21:31 AM PDT by laplata (Liberals/Progressives have diseased minds.)
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