The Biden administration intends to lease some Federal lands in the waters roughly between Long Island and New Jersey, ostensibly to build a wind farm there.

The problem with that intent is this:

The proposed “competitive lease sale”…the Bureau of Ocean Energy Management (BOEM) [an arm of the Interior Department] is seeking feedback on several mandates tied to the sale, including the requirement “to create good-paying union jobs and engage with all stakeholders and ocean users[.]”
The “announcement of new proposed lease stipulations puts a priority on creating and sustaining good-paying union jobs….”

And there’s the problem. In addition to President Joe Biden’s (D) administration picking and choosing winners and losers in this enterprise—unethical at best, and completely out of bounds for the government of a free nation—the openly stated requirement for union jobs is illegal to the point of unconstitutional.

Picking winners and losers: the lease sale is, by design, not at all a competitive offering. Open shop companies—companies that are not unionized—are deliberately excluded from even bidding on the contract. That also creates artificially inflated costs to us taxpayers for any of these leases through that lack of competition and through the unions getting a free hand to raise their wage demands.

Illegal, unconstitutional: those non-union companies are denied their statutory rights to competitively bid at all for these Federal contracts. Beyond that, those non-union companies are denied equal protection under the 14^th Amendment by being denied an opportunity to compete at all, much less on an equal footing, for participation in the contracts.

All non-union employees of those companies, individually and severally, are denied their equal protection under the 14^th Amendment by being denied any opportunity to earn a paycheck under those contracts solely on the basis of their not being union members.