July 28th 2021
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It shouldn’t have come as a surprise to anyone that when faced with a choice between originalism and right-wing ideology, the Supreme Court’s two avowed originalists, Justices Gorsuch and Thomas, decided that they weren’t going to let doctrinal purity get in the...
“The day that organized labor has been dreading for several years is finally here,” Sarah Jaffe writes at the Times’ opinion page. Jaffe is one of many arguing that workers and their unions must get back to basics — to old fashioned organizing, to strikes modeled...
In February, the Supreme Court heard oral arguments in Janus v. AFSCME. Today, a slight majority of the Court issued a decision that regrettably impacts far more than just “fair share” fees and the more than 40-year-old precedent established by Abood v. Detroit...
The Supreme Court holds this morning in Janus v. AFSCME that public sector union fees violate "the free speech rights of nonmembers by compelling them to subsidize private speech on matters of substantial public concern." The majority opinion was written by...
Justice Gorsuch’s silence during the Janus oral argument generated considerable buzz. Wishful (yet tentative) commentators hoped the silence was a sign that the new Justice’s originalism would lead him to uphold Abood. To be sure, Justice Thomas, the Court’s...
After the oral argument in Epic Systems Corp. v. Lewis, I wrote that the five Republican appointees on the Supreme Court would have to put their thumbs heavily on the scale for the employers to prevail. Sadly, it was no surprise that this is exactly what happened....
Workers' rights took a hit from a split Supreme Court yesterday in a 5-4 decision written by Justice Gorsuch that resolved three cases: Epic Systems Corp. v. Lewis, NLRB v. Murphy Oil, and Ernst & Young, LLP v. Morris. OnLabor's Maddy Joseph summarized the...
The Supreme Court holds this morning in Murphy Oil that class and collective action bars in arbitration agreements are enforceable under the Federal Arbitration Act (FAA) and are not incompatible with the NLRA. The majority opinion by Justice Gorsuch is notable...
At the end of February, the Supreme Court granted cert. in New Prime, Inc. v. Oliveira. In so doing, the Court added to the list of cases that examine how and to what extent the Federal Arbitration Act (FAA) applies in the employment context (see our coverage of...
So far, President Trump has appointed a Supreme Court Justice, Neil Gorsuch, who may cast the deciding vote to upend decades of settled labor law in two major cases, Epic Systems Corp. v. Lewis and Janus v. AFSCME; he has nominated dozens of right-wing lawyers for...
The Supreme Court heard oral argument on Monday in Janus. Analyses report that, as expected, there were pointed questions for AFSCME and Illinois by Justices Alito and Kennedy; the four liberal justices took every opportunity to highlight the potential effects of...
Last week on the blog, we wrote about why the NLRB should withdraw the Hy-Brand decision (here and here)---in short, because a Board member who voted for the result, William Emanuel, should have recused himself (his former law firm represented one of the companies...