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Rare Not Horrible News on Labor from the Supreme Court

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I was not looking forward to the new Supreme Court term. There are two major labor cases on the docket. Given the plutocratic nature of the 5 Republican members, I was not confident. And while I’m still not, there was surprisingly hostility throughout the Court for the plaintiffs in Mulhall v. Unite-HERE Local 355. This case challenges the constitutionality of card check agreements between business and labor for unionization, calling them a violation of the National Labor Relations Act as they are a “thing of value,” something that would make a card check a felony for those involved since it would basically be a bribe.

Like myself, Josh Eidelson was extremely worried that this case would undermine workers’ rights in unprecedented ways. But even Scalia and Alito were quite hostile (here and here) to the case in yesterday’s oral arguments, at least at its logical extreme. Since this would undermine business rights to run its own affairs, I assume that would be the basis of a conservative opposition, although I am certainly no legal scholar. At the very least it seems more unlikely that a sweeping ruling will come down than it did yesterday. We will see.

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