Attacking the Rights of Workers

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A Socialist Project e-bulletin ... No. 1632 ... June 28, 2018

Attacking the Rights of Workers:
The U.S. Supreme Court Hides Behind the First Amendment

Bill Fletcher Jr.

There is nothing about the U.S. Supreme Court’s 5-4 decision in Janus v. AFSCME to overturn 41 years of precedent and declare that agency fee/fair share is unconstitutional that surprised me. Watching the tendency of the conservative majority it would have been a miracle for them to have decided otherwise. Perhaps, if they had been true to their alleged conservative principles, they would have decided that the matter of whether public sector unions could negotiate agreements with governmental entities that provided for represented -- though non-union -- workers to pay their share for representation, was a matter for the states. But as we have seen over time, there... are few principles that the Right-wing feels bound to respect.

Much will be written about the Janus v. AFSCME decision in the coming days and months by people far more learned than this writer. Nevertheless it felt important to make note of one critical issue: the matter at stake had nothing to do with the First Amendment.

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