August 15th 2022
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The Petitioners’ merits brief in the big public sector union case in the Supreme Court, Harris v. Quinn, was filed today and can be found here. (The Joint Appendix is here.) Former Obama administration Acting Solicitor General Neal Katyal, along with his Hogan...
The Wall Street Journal’s editorial page argued last week that the Supreme Court should hold in favor of Mulhall and declare organizing agreements “thing[s] of value” that employers may not “pay, lend, or deliver” to unions. In the course of making this argument,...
An op-ed in The Wall Street Journal argues that the Supreme Court should rule against Unite Here in the Mulhall case, suggesting that unions should have to convince individual workers of the value of their services, rather than getting companies to agree to...
Trevor Burrus, a Research Fellow at the CATO Institute Center for Constitutional Studies, writes in with this comment on yesterday's oral argument in Mulhall: Thank you to Jack for letting me offer my thoughts on Mulhall. As a participant in a moot court with...
Here's another very quick reaction to the oral argument in Mulhall. One of more the interesting themes in today’s oral argument was developed during an exchange between Justice Scalia and William Messenger, the attorney for Respondent Mulhall. Justice Scalia was...
I am traveling and have only a moment now to comment on today’s oral argument in Mulhall. After reading through the transcript once, my quick initial reactions are as follows. It is always hazardous to predict ultimate disposition from oral argument, but I would...
Here is the transcript from today’s oral argument in UNITE HERE Local 355 v. Mulhall. Analysis to follow.
Salon's Josh Eidelson has a great piece today on Mulhall, calling it a "huge under-the-radar case." Eidelson quotes Ben Sachs' work here at On Labor noting that “the case could effectively outlaw union organizing (or, at least, outlaw effective union organizing).”...
The Supreme Court will hear oral arguments in Unite Here Local 355 vs. Mulhall tomorrow. The case has generated significant attention in the media, with the New York Times, National Public Radio, the International Business Times, and many others reporting on what...
This is a re-post of Jack Goldsmith's August 21, 2013 post titled, "Three Problems in Mulhall." I have already explained why the Supreme Court’s grant of certiorari in Mulhall seemed to defy its usual criteria for cert-worthiness, and suggested that at least four...
National Public Radio's "The Takeaway" today featured an interview with Professor Ben Sachs about Mulhall and Harris - the two major labor cases at the Supreme Court this Term - and "why these rulings will be so important for the future of unions." The New York...
The New York Times reports that, on Wednesday, the Supreme Court will hear arguments in Unite Here Local 355 v. Mulhall. The piece quotes Professor Sachs, who has observed that Mulhall is potentially “the most significant labor case in a generation.” OnLabor will...