Jack Goldsmith is the Learned Hand Professor of Law at Harvard Law School, where he teaches and writes about national security law, international law, internet law, and, recently, labor history. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.
Earlier this year, labor historian Melvyn Dubofsky gave a very pessimistic assessment of the prospects for the American labor movement. “Given the current alignment of forces domestically and globally,” he concluded, “I find it hard to conceive of any tactics or broader strategy through which the labor movement might re-establish its former size, place, and power.” Rick Yeselson has written an implicit response. He proposes a “Fortress Unionism” strategy during the period of labor’s stasis and decline, a period he thinks will end only when “the workers themselves militantly signal that they want unions.” Fortress Unionism has five tenets: (1) Defend the remaining high-density regions, sectors, and companies; (2) Strengthen existing union locals; (3) Ask one key question about organizing drives: Will they increase the density or power of existing strongholds?; (4) Sustain coalition work with other progressive organizations; (5) Invest heavily in alt-labor organizations, especially Working America.
With the possible exception of (5), Fortress Unionism seems like a defeatist strategy that will worsen’s labor’s plight. Jimmy Hoffa would have agreed with Yeselson’s commentator Cato Uticensis: “the answer to ‘what is to be done’ is the same as it ever was: organize and fight.” But perhaps a better (though not a complete) answer for the modern labor movement is provided in the comments by Jefferson Cowie, author of the great 1970s labor history, Stayin’ Alive, who said: “As for the future, one word: immigrants.”
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May 30
Trump's tariffs temporarily reinstated after brief nationwide injunction; Louisiana Bill targets payroll deduction of union dues; Colorado Supreme Court to consider a self-defense exception to at-will employment
May 29
AFGE argues termination of collective bargaining agreement violates the union’s First Amendment rights; agricultural workers challenge card check laws; and the California Court of Appeal reaffirms San Francisco city workers’ right to strike.
May 28
A proposal to make the NLRB purely adjudicatory; a work stoppage among court-appointed lawyers in Massachusetts; portable benefits laws gain ground
May 27
a judge extends a pause on the Trump Administration’s mass-layoffs, the Fifth Circuit refuses to enforce an NLRB order, and the Texas Supreme court extends workplace discrimination suits to co-workers.
May 26
Federal court blocks mass firings at Department of Education; EPA deploys new AI tool; Chiquita fires thousands of workers.
May 25
United Airlines flight attendants reach tentative agreement; Whole Foods workers secure union certification; One Big Beautiful Bill Act cuts $1.1 trillion