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Category:Supreme Court

What Scalia’s Replacement Could Mean for Workers

Feb 26, 2016 Catherine Fisk

If Justice Scalia’s replacement is progressive, the Supreme Court will have a five-Justice liberal majority for the first time in decades. Given the significant number five-to-four decisions limiting the rights of and protections for workers, the importance of confirming a progressive is enormous. Most of the attention has understandably focused on Friedrichs v. California Teachers […]

The Supreme Court Vacancy and Labor: Patricia Ann Millett

Feb 25, 2016 Kelsey Bleiweiss

This post is part of an ongoing series on the labor decisions and positions of some of the likely potential picks to replace Justice Scalia on the Supreme Court. In the wake of Justice Antonin Scalia’s death, Judge Patricia Ann Millett of the United States Court of Appeals for the District of Columbia Circuit has appeared […]

For Scalia's Replacement, It's Time for a Justice Who Has Represented Workers

Feb 24, 2016 Andrew Strom

When it comes to picking Supreme Court justices, President Obama has said that he wants justices who understand how law affects the lives of ordinary people. Two potential nominees mentioned on various short lists, Judge Jane Kelly and Judge Robert Wilkins, would bring the valuable perspective of lawyers who spent large parts of their careers […]

The Supreme Court Vacancy and Labor: Merrick Garland

Feb 23, 2016 Hannah Belitz

This post is part of an ongoing series on the labor decisions and positions of some of the likely potential picks to replace Justice Scalia on the Supreme Court. On February 13, 2016, Justice Scalia unexpectedly passed away. In the aftermath of his passing, the legal and news worlds have been abuzz with talk of prospective […]

The Supreme Court Vacancy and Labor

Feb 23, 2016 Benjamin Sachs

With the Court and Congress back in session for the first time since Justice Scalia’s death, attention has turned to President Obama’s choice of a nominee to replace the Justice. The President’s decision will have obvious implications for all of American politics and society – and it will have profound implications for workers and unions. In the […]

Tie Votes in the Supreme Court

Feb 15, 2016 Juhyung Harold Lee

Relevant to our earlier discussion of how Justice Scalia’s passing affects Friedrichs, University of Denver Professor Justin Pidot recently posted a draft paper regarding tie votes in the Supreme Court. In his paper, Professor Pidot contends that ties not only “cause mischief because they leave legal issues undecided,” but also “pose a threat to the […]

Breaking: NLRB v. Noel Canning Affirmed; No Decision on Harris v. Quinn

Jun 26, 2014 Rachel Homer

Still no decision today in Harris v. Quinn. This means it will come on Monday. We’ve covered Harris v. Quinn extensively, including here, here, here, here, and here. SCOTUSblog’s excellent summary of the case’s history is here. The Court did issue its ruling in NLRB v. Noel Canning, about the President’s recess appointments power. The Court affirmed the D.C. Circuit (holding that these […]

The Problem with the WSJ's Appeal to Scalia

Jan 24, 2014 Benjamin Sachs

The Wall Street Journal editorial page is concerned that Justice Scalia might provide a fifth vote to affirm the seventh circuit’s decision in Harris v. Quinn. The Journal believes that there is a “first constitutional principle” at stake in Harris and that “such a stalwart supporter of the First Amendment as Justice Scalia” should not […]

Reuters on the Implications of Mulhall

Dec 11, 2013 Jordan M. Grossman

Amanda Becker and Lawrence Hurley of Reuters have a good piece today on the implications of the Supreme Court’s dismissal of Mulhall. In the article, Professor Sachs stresses that the Eleventh Circuit ruling that will remain in place was very narrow, and as a result “there’s no reason for unions or employers to worry about entering into an […]

Further Thoughts on the Implications of the Mulhall Dismissal

Dec 11, 2013 Jack Goldsmith

In my quick reaction to yesterday’s dismissal in Mulhall, I wrote that “as long as CA11’s decision stands, the specter of expensive and difficult litigation will hover over neutrality/bargaining agreements in many circuits, and will indeed chill the making of those agreements.” With more time and a day’s reflection, I now want to be more precise […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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What Scalia’s Replacement Could Mean for Workers

The Supreme Court Vacancy and Labor: Patricia Ann Millett

For Scalia's Replacement, It's Time for a Justice Who Has Represented Workers

The Supreme Court Vacancy and Labor: Merrick Garland

The Supreme Court Vacancy and Labor

Tie Votes in the Supreme Court

Breaking: NLRB v. Noel Canning Affirmed; No Decision on Harris v. Quinn

The Problem with the WSJ's Appeal to Scalia

Reuters on the Implications of Mulhall

Further Thoughts on the Implications of the Mulhall Dismissal