Aren’t free people always free to associate with other free people and organize?
Does this court opinion negate this principle of liberty?
(Should I go and actually read the case and opinion?)
In a 5-4 decision, the Court ruled that the FAA makes individual arbitration agreements enforceable, and that neither the saving clause of the FAA or the NLRA operate to override that outcome. Justice Gorsuch wrote the majority opinion joined by Justices Roberts, Anthony Kennedy, Clarence Thomas and Samuel Alito, with Thomas also writing a concurring opinion. Gorsuch wrote that in reviewing the intent of Congress in the passage of the NLRA and FAA, that through the FAA “Congress has instructed federal courts to enforce arbitration agreements according to their terms — including terms providing for individualized proceedings.”[4]
https://en.wikipedia.org/wiki/Epic_Systems_Corp._v._Lewis#Supreme_Court
“In other words, the employees were asking the Supreme Court to allow them to accept the terms of the employment agreement up front, and then decide to opt out when they don’t like the terms they agreed to, basically solely because it benefits them. To side with the employees in this case would have undermined the freedom of contract principle and allow the judicial branch to step in just because an employee got himself into a bad deal.
“That’s not how contract law should work, particularly under a constitutional analysis. This opinion highlights the basic difference in conservative versus liberal thinking of the proper role and function of the judicial branch under Article III. “
https://www.washingtonexaminer.com/opinion/supreme-court-rules-that-contracts-mean-what-they-say
Yes you should go read it. I haven’t, if you do please let me know what it says if you have time.