A Related Note

I wrote recently about the Court’s ruling on Janus v AFCME Council 31, which eliminated public service unions’ ability to collect “agency fees” from non union members.

The dissent by Justice Elena Kagan and joined by her three cohorts in the Court’s liberal wing is instructive, and it foreshadows the kind of government we can expect from today’s “liberals,” should they succeed in gaining control of one or both Houses of Congress and then of the White House.

Its decision will have large-scale consequences. Public employee unions will lose a secure source of financial support. State and local governments that thought fair-share provisions furthered their interests will need to find new ways of managing their workforces. Across the country, the relationships of public employees and employers will alter in both predictable and wholly unexpected ways.

Because unions are entitled to OPM for their financial support.  Because governments will be temporarily inconvenienced in their role as employers.  Because employment relationships must never be disrupted or altered.  It’s settled.

And

The majority overthrows a decision entrenched in this Nation’s law—and in its economic life—for over 40 years.

By this logic, Kagan would argue that Plessy v Ferguson, which created the racism of separate-but-equal in our schools (among other places), never should have been rejected by Brown v Board of Education of Topeka, because the latter came 60 years after Plessy had become “entrenched in this Nation’s law—and in its economic life.”

And these [citations omitted]:

And it does so by weaponizing the First Amendment, in a way that unleashes judges, now and in the future, to intervene in economic and regulatory policy.

 

Every one of them will now need to come up with new ways—elaborated in new statutes—to structure relations between government employers and their workers.

 

Still more, thousands of current contracts covering millions of workers provide for agency fees. Usually, this Court recognizes that “[c]onsiderations in favor of stare decisis are at their acme in cases involving property and contract rights.”  It prevents the parties from fulfilling other commitments they have made based on those agreements. It forces the parties—immediately—to renegotiate once-settled terms and create new tradeoffs.

This is an especially dangerous principle of the Left: that the convenience of Government is more important, and should have precedence over, individual liberty.  That forced static-ness is better than the freewheeling interactions of free men and women dealing with each other (and their employers from time to time) according to their own imperatives rather than Government diktat.  (Aside: Kagan also cynically overstated the immediacy of renegotiations.  No such thing is mandated; those contracts will expire on their own and can be renegotiated at that time—as has been the case in Wisconsin.)

And: that it’s somehow wrong that judges should be “unleashed” to uphold our basic, inherent in our very existence, liberties.  It’s not the Conservative wing of the Court that has sought to weaponize the 1st Amendment by insisting that free speech and free association are what Government says they are.

The ruling, with Kagan’s dissent, can be seen here.

The Supremes Get One Right

Resoundingly so.  Janus v AFCME Council 31 is a case originating in Illinois concerning a public service union’s ability to collect a per centage of ordinary union dues—agency fees—from non-union members who work alongside the union’s bargaining unit in for a government agency.  A 40-year-old Supreme Court precedent, Abood v Detroit Board of Education, upheld this ability.

The Court’s opinion (a 5-4 majority) is summarized in the syllabus:

The State’s extraction of agency fees from nonconsenting public-sector employees violates the First Amendment. Abood erred in concluding otherwise, and stare decisis cannot support it. Abood is therefore overruled.

What Alito actually wrote is even more direct, and he wrote it at the outset of his opinion.

Under Illinois law, public employees are forced to subsidize a union, even if they choose not to join and strongly object to the positions the union takes in collective bargaining and related activities. We conclude that this arrangement violates the free speech rights of nonmembers by compelling them to subsidize private speech on matters of substantial public concern.

We upheld a similar law in Abood v Detroit Bd. of Ed….and we recognize the importance of following precedent unless there are strong reasons for not doing so. But there are very strong reasons in this case. Fundamental free speech rights are at stake. Abood was poorly reasoned.  …  Abood is therefore overruled.

Alito concluded his opinion even more forcefully.

This procedure [collecting an “agency fee”] violates the First Amendment and cannot continue. Neither an agency fee nor any other payment to the union may be deducted from a nonmember’s wages, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay. By agreeing to pay, nonmembers are waiving their First Amendment rights, and such a waiver cannot be presumed.

The sad part of this resounding victory for individual liberty is that 5-4 vote; it should have been unanimous.  However, the liberal wing of the Court remained buried in its ideology that Government must be the solution.  Here, those four Justices held that an individual’s fundamental rights of free speech and free association must be held subordinate to the union’s government-created right to collect dues and “agency fees” from everyone whom it purports to represent in an employment unit.

The free speech problem arises when those agency fees are collected as a condition of employment by a government agency.  It isn’t possible for an inherently political entity to not engage in political speech, and so it isn’t possible for any negotiation—including over employment parameters—with that entity to not be inherently political in nature and so consisting of political speech.  Thus, forcing payment of an “agency fee” to the “representing” union is forced speech by the individual from whom the “agency fee” is collected.

The free association problem arises from the existence of any forced “agency fee” payment.  Such a mandate creates a forced association between the individual from whom the “agency fee” is collected and the union for and by which the money is collected.  This association occurs, tautologically, whether or not the individual might otherwise consent to, or actively seek, the association.  The forced nature of the association is maximally emphasized by the individual’s demonstrated objection to the association through his conscious decision to not join the union and further by his objection to paying the fee.

It’s unfortunate that the liberal wing does not see any of this.

The ruling can be seen here.

“Freedom”

Here is the freedom the Progressive-Democratic Party and its Leftist supporters will allow.

The Association of Library Service to Children‘s (ALSC) board voted unanimously on Saturday to rename the “Laura Ingalls Wilder Award” as the “Children’s Literature Legacy Award.”

Why?  Because her books depicted the stereotypes of a bygone age, and so she must be purged.  This is on a par with “liberal” schools purging books by “old, dead, white guys” from their literature curriculum, as though those thoughts, ideas, philosophies had no impact on the evolution of Western Civilization.

We have the Southern Poverty Law Center labeling Conservatives variously as terrorists or Nazis.  We have Facebook and Twitter censoring conservative news reports and accounts, all in the name of blocking “fake” news.

 

Then there’s the Progressive-Democrat Congressmen.

Recall the intern who yelled “Mr. President, f— you!” across the Capitol Rotunda.  She works—still—for Senator Maggie Hassan (D, NH).  The intern was suspended, but Hassan has kept her on Hassan’s payroll.

There’s House’s Hispanic Caucus heckling President Donald Trump in the Capital Building, disrupting his activities.

Congresswoman Maxine Waters (D, CA) has called for anyone working in the Executive Branch to be harassed wherever they go—restaurants, gas stations, department stores, she named it.  And not just protest: harass and drive, physically, from the public square.

The Progressive-Democrats in Congress actively oppose any sort of immigration reform—especially including securing our borders—in large part because they oppose anything Republican, but in equally large part because they don’t want the US to have secure borders; they don’t believe we Americans should be able to determine for ourselves who we let in and under what circumstances.  Never mind that this includes violent criminals, drug purveyors, terrorists.  It’s true that these are a small minority of those who want to enter the US, but the damage these persons do to our communities can be catastrophic.  Those Congressmen don’t seem to care, though, so deeply imbedded are they in their open borders ideology.

Senate Minority Leader Chuck Schumer (D, NY) even has said in so many words

The only way we’re going to work with him [Trump] is if he moves completely in our direction and abandons his Republican colleagues[.]

 

Violence is well within the Progressive-Democrats’ and their Leftist supporters’ tool kit.

We have the Left driving a White House Press Secretary and her family from a restaurant, with the restaurant owner’s enthusiastic assistance.  We have Left thugs physically confronting the Florida Attorney General and her family at a movie theater.  We have Left thugs driving the DHS Secretary and her family from a restaurant.  These thugs also “gathered” at her home to continue the assault.

Keep in mind Waters’ call.

We have BLM assaulting speakers and preventing them from speaking.  We have Antifa thugs attacking conservative rallies.  We have Left thugs bringing flamethrowers to a far right rally.

And a Leftist murderer wannabe shot up a Republican baseball practice, wounding several and nearly killing House Republican Whip Steve Scalise.

 

We have the Left publishing the (stolen) personal contact information—including home addresses—of the men and women of ICE and their families with “encouragement” to go to those homes and harass the agents and their families.

Hollywood especially enjoys attacking the women of the Trump administration.

Chelsea Handler called Sarah [Sanders, WH Press Secretary] a “harlot” and “trollop” on her show.

And

Jimmy Kimmel mocked her [Melania Trump’s] accent

And Samantha Bee called Ivanka Trump a “feckless c___.”

And Peter Fonda called via his Twitter account to “rip Barron Trump from his mother’s arms and put him in a cage with pedophiles.”

 

The NLMSM is in on the act, too.

Jennifer Rubin wrote that it is “both natural and appropriate for decent human beings to shame and shun the practitioners” of Trump’s immigration policy.

And there’s Ali Watkins, late of The New York Times, who had affairs with two of her…sources…in order to get “leaks” of anti-Trump information.  It’s true enough that Watkins is no longer with the NYT, but only because she got caught.  The NYT turned blind eye to her escapades for as long as they could.

 

This is what we can look forward to if the Progressive-Democrats gain control of the House or Senate, much less if they gain control of both.  Not only will we be free to speak only what the Progressive-Democrats permit us to speak, to read only what the Progressive-Democrats will permit us to read, to worship only within the parameters permitted by the Progressive-Democrats, they will violently suppress any effort to do otherwise.

Make no mistake, either: this will come to pass if we sit on our hands come voting time this fall.

The Supremes Get One Right

The Supreme Court ruled Friday that authorities generally need a search warrant before they can obtain broad access to data that shows the location of cellphone users, a decision that sets privacy boundaries in the digital age.
The court, in a 5-4 opinion by Chief Justice John Roberts, cited the Fourth Amendment’s guarantee to be free from unreasonable government searches.

And

We decline to grant the state unrestricted access to a wireless carrier’s database of physical location information[.]

Yewbetcha.

Privacy!?

You ain’t got no privacy.  You don’t need any stinking privacy!

Using facial recognition software in combination with image storage houses like drivers license databases can be highly useful in tracking down criminal suspects.

But the combination can be highly dangerous, too, as this attitude by Joseph Michael, Washington County Deputy State’s Attorney in Maryland, demonstrates:

the expectation of privacy ends when you sit down and smile at the government desk.

Pinellas County (FL) Sheriff Bob Gualtieri argued

This is no different than if I laid out all those photos in front of me…and said “No, that doesn’t look like him, that doesn’t look like him, here we go, that’s him[.]”  The only thing is I am doing it in a different way, a more automated way, a more efficient way.

Sometimes that faster, more automated—human-removed—way is less efficient, though, as it removes thought and care and consideration of individual liberty from the process, favoring as it does getting a conviction over getting a just outcome.

Michael’s attitude illustrates the conundrum.  His attitude, the attitude of a Government Man, is precisely why we have a Bill of Rights in our Constitution.  His attitude is just an extension of “If you’ve got nothing to hide, you should let Government snoop if it wants to.”  Folks like Gualtieri can be better trained.  Folks like Michael are unfit for office in a free country.