Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Scalia's Death Saves Unions From Momentous Ruling Ending Political Power
newsmax ^ | 2/14/16 | John Gizzi

Posted on 02/14/2016 9:57:47 PM PST by Nachum

As the nation and official Washington prepared to mourn the late Supreme Court Justice Antonin Scalia, watchers of the high court began to assess the immediate impact of his death on several pending cases whose decisions might have had momentous political implications.

Among these is Friedrichs v. California Teacher’s Association, set to have been a landmark case regarding the mandatory collection of union dues and their use for political purposes. The ruling could have meant the death knell of collective bargaining and the political might of America’s unions. newzf After oral arguments in the case in January, The Washington Post indicated the court’s conservative majority, including Scalia, were leaning to rule against the unions ability to collect mandatory dues.

But Scalia’s passing – and the news that the Republic-led Senate will likely not confirm an Obama nominee — means such cases could up with 4-4 decisions. Lacking a majority, the lower court’s rulings will stand.

In the Friedrichs case, the 9th Circuit Court of Appeals had ruled in favor of the teacher’s union.

Had the Supreme Court ruled that union dues could not be used for political purposes, it would have dealt a major blow to one of the Democratic party’s most powerful assets.

(Excerpt) Read more at newsmax.com ...


TOPICS: Breaking News; Extended News; US: California
KEYWORDS: 9thcircuit; antoninscalia; bhoscotus; biglabor; california; death; dues; friedrichs; lawsuit; nea; ruling; scalia; scalias; scotus; spares; union; uniondues; unions
Navigation: use the links below to view more comments.
first previous 1-2021-4041-58 next last
To: NoKoolAidforMe

And since when does a judge, and not a medical examiner or coroner, declare a death to be due to ‘natural causes’?


21 posted on 02/15/2016 7:19:49 AM PST by NoKoolAidforMe (I'm clinging to my God and my guns. You can keep the change.)
[ Post Reply | Private Reply | To 20 | View Replies]

To: Nachum
Wouldn't the Beck Decision come into play? I understand that Beck doesn't apply in places where paying union dues is optional, such as clerks and mailhandlers in the USPS.
22 posted on 02/15/2016 7:28:45 AM PST by Impala64ssa (You call me an islamophobe like it's a bad thing.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Impala64ssa

Not sure if the Beck decision would be the last word here. As I understand it, if the SCOTUS does not hear the case re: public unions, the lower courts ruling stands. That means the Unions win here.


23 posted on 02/15/2016 7:36:21 AM PST by Nachum (Obamacare: It's. The. Flaw.)
[ Post Reply | Private Reply | To 22 | View Replies]

To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...

Justice Scalia topics, selections:
24 posted on 02/15/2016 8:26:48 AM PST by SunkenCiv (Here's to the day the forensics people scrape what's left of Putin off the ceiling of his limo.)
[ Post Reply | Private Reply | View Replies]

To: Nachum

What this proves is that the USSC is political farce. If they were to be respected then they would be determining cases based upon constitutional law. If all the justices were doing that then it would make little difference who was sitting on the bench.


25 posted on 02/15/2016 8:55:48 AM PST by Revel
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

Do we know the political affiliations of the ranch owner, the justice of the peace and judges that decided an autopsy was unnecessary? Really? A Supreme Court Justice dies and every “I” isn’t dotted and “T” crossed?


26 posted on 02/15/2016 9:12:12 AM PST by No Socialist
[ Post Reply | Private Reply | To 1 | View Replies]

To: MarchonDC09122009; Army Air Corps
If the "unions knocked off JFK," that would be a most curious historic event since he was in the pocket of the unions. The Mafia may have played a role or at least was a plausible suspect since there is evidence that Chicago "Outfit" (not the Sicilian Mafia) Boss Sam "Momo" Giancana shared a mistress (Judith Exner with JFK, since mob nterests beyond Chicago as well as Giancana's group had supported JFK in 1960 and expected him to smash Castro for taking over their casinos and interests in Havana, and since Kennedy failed (despite popular mythology) to do ANYTHING effective against Castro.

According to no less an authority than Giancana's nephew, Giancana provided a poisoned suppository which the younger Giancana claimed was administered to Marilyn Monroe in Bobby Kennedy's presence and which killed her when she had become to much of a public embarrassment to the Kennedys.

So much for the POSSIBILITY that the Mafia was involved in JFK's assassination. They detested Bobby Kennedy's investigations of Mafia activity and the activity of mob-controlled unions. They had no such hatred of JFK although they were disappointed in his unwillingness to wipe out Castro.

As to the unions, the AFL-CIO at the time was led by George Meany who ran the AFL from 1953 until it merged with the CIO in the late 1950s after which he led the AFL-CIO until his death in 1980 at 86 years of age. He was extremely unlikely to have approved of assassinations of JFK or RFK. Long before anyone was familiar with RFK, Meany was busily purging corrupt and/or communist unions from the AFL-CIO and he rammed through an AFL-CIO constitution change that prohibited continued membership for any union having a major officer who had taken the Fifth Amendment before Congress (covering the expulsion of communists as well as of crooks).

For various reasons, in Meany's time, he purged from the AFL-CIO such major unions as the Teamsters (for corruption) and the United Auto Workers (for Walter Reuther's communist sympathies).

Meany was probably the greatest leader the AFL or AFL-CIO ever had. He even went so far as to refuse AFL-CIO support for George McGovern in 1972 and publicly told member unions that they could endorse Nixon if they wished to do so. Meany loyally supported the Vietnam War as preventing communists from crushing Vietnamese labor unions and as a necessary effort to limit communism generally. He was a steadfast enemy of the New Left and of communism generally.

Meany was a daily communicant of the Roman Catholic Church. That means he attended Mass and received the Eucharist every day of his life when physically able. His generation of Catholics were essentially blood enemies of all things and persons communist.

Meany was, to say the least, not likely to trust the communist likes of Lee Harvey "Fair Play for Cuba" Oswald whose wife Marina was a rare member of the Soviet Union's communist party (1% of the population there) allowed to marry an "American" and leave the country permanently. Oswald himself had been employed to manage a soviet TV station.

I grew up in a thoroughly AFL-CIO family and George Meany was rightfully recognized as a great and moral man. Folks here may well disagree with his economics or with the very idea of labor unions and all that the concept of labor unions conveys but Meany was a patriot, a good Catholic and most certainly not complicit in assassinations of JFK or RFK.

At some point all this phony baloney as to "conspiracy" theories must be put to rest firmly and finally. Playing to popular ignorance and paranoia at the expense of the reputations of now dead but quite decent people casts no flattering light on the conservative movement. AND, since when do we have some special interest in the assassination of JFK by a communist or of RFK by a Palestinian nutcase who had belonged to Students for a Democratic Society???? No assassination in our nation has been adequately justified and we have no more and no less of an interest in the JFK and RFK assassinations than does any other American.

Keep our eyes on the prize. Insist that each and every Senate Republican resist any attempt by Obozo to nominate and see his nomination replace Scalia on the SCOTUS and we will need no conspiracy theories and our constitution will be as safe as it was the day before Scalia died. There SHOULD be an autopsy ad we should follow where the actual forensic evidence leads us slowly and deliberately and with appropriate regard for the actual provable truth. Build a roster of potential SCOTUS nominees who are qualified ad absolutely trustworthy such as former Acting US Attorney General Peter Kaisler, Georgetown Constitutional Law Professor Lee Liberman Otis and Northwestern Law Professor Steven Calabresi, for three examples.

27 posted on 02/15/2016 9:12:49 AM PST by BlackElk (Dean of Discipline: Tomas de Torquemada Gentlemen's Society/Rack 'em Danno!)
[ Post Reply | Private Reply | To 5 | View Replies]

To: No Socialist
What I have on this story so far-

Justice Antonin Scalia ; Supreme Court Justice Scalia dies ; Obama “Thrilled” Over Justice Scalia’s Death… ; Ranch Owner Recalls Finding Justice Antonin Scalia’s Body ; Cibolo Creek Ranch owner recalls Scalia’s last hours in Texas-..We discovered the judge in bed, a pillow over his head. His bed clothes were unwrinkled," said Poindexter.; The death of Antonin Scalia: Chaos, confusion and conflicting reports ; Presidio County Judge Cinderela Guevara, a Democrat, acknowledged that she pronounced Scalia dead by phone, without seeing his body. ; Justice Scalia Dies At Ranch Resort Owned By Democrat Party Donor & Obama Award Winner ; Scalia's Death Spares Unions From Losing Political Power; Scalia's Death Spares Unions From Losing Political Power

 

 The Obama "Dead Pool"

 

 

28 posted on 02/15/2016 9:22:39 AM PST by Nachum (Obamacare: It's. The. Flaw.)
[ Post Reply | Private Reply | To 26 | View Replies]

To: Nachum

I find it kind od odd that Drudge still has big headline up. He usually changes it in AM...


29 posted on 02/15/2016 9:28:20 AM PST by SE Mom (Proud mom of an Iraq war combat vet)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

Trump on unions

I grew up with unions. New York is largely union, and I sort of spent a lot of time in Florida, which is also a union right to work state so it’s a different kind of thing. But I’ve had great relationships with unions, and I’ve made good deals. I’ve made a lot of money, I mean, I’ve made many billions of dollars and in many cases I’ve been dealing with unions. So, really, collective bargaining doesn’t bother me so much.

http://humanevents.com/2011/03/14/trump-unplugged/


30 posted on 02/15/2016 9:53:39 AM PST by ifinnegan (Democrats kill babies and harvest their organs to sell)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SE Mom

It is a holiday weekend. Won’t see a change until later today or late tonight, IMHO.


31 posted on 02/15/2016 10:02:33 AM PST by Nachum (Obamacare: It's. The. Flaw.)
[ Post Reply | Private Reply | To 29 | View Replies]

To: SE Mom

It is a holiday weekend. Won’t see a change until later today or late tonight, IMHO.


32 posted on 02/15/2016 10:02:33 AM PST by Nachum (Obamacare: It's. The. Flaw.)
[ Post Reply | Private Reply | To 29 | View Replies]

To: BlackElk
A 4-4 non-decision leaving the 9th Circus Court of Appeals decision for the unions in place simply begs for a new case when a new justice has been appointed (hopefully in the mold of Scalia). A tie vote is not a precedent except temporarily within the Ninth Circus.

Exactly. Any 4-4 tie for any case reviewed by the Supremes is reviewable after a ninth justice in confirmed.

This will simply leave the lower court's decision in place until after the election.

And for the record, I am suspicious of Scalia's demise. Methinks 'something is rotten in the state of Denmark.'

33 posted on 02/15/2016 10:28:11 AM PST by Bloody Sam Roberts (Why do we give our hearts to the past? And why must we grow up so fast?)
[ Post Reply | Private Reply | To 19 | View Replies]

To: The Ghost of FReepers Past
Justice Scalia Dies At Ranch Resort Owned By Democrat Party Donor & Obama Award Winner

Coincidence?


Barack Obama shaking hands with a man by the name of John Poindexter, a Texas millionaire businessman also noted for being a donor to the Democrat Party and who also received an award from Barack Obama related to his military service in Vietnam.

Poindexter is the owner of the very Cibolo Creek Ranch Supreme Court Justice Antonin Scalia was found dead at earlier this week."
34 posted on 02/15/2016 10:39:52 AM PST by Lucky9teen (God's blessing has been on America from the very beginning, and I believe God isn't done yet. TCruz)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Nachum; BlackElk; Bloody Sam Roberts

“Scalia’s Death Saves Unions From Momentous Ruling Ending Political Power”


Not so!

I heard something very interesting this morning that confirmed what I had suspected. The Chief Justice of the USSC has the authority to call a rehearing of a case. Because this case (and others during this session) may end in a tie (which would then let the lower court ruling stand), the Chief Justice can withhold releasing a tie decision and wait until the court vacancy is filled before requesting a rehearing in front of the full court.

So, then the question will be if Chief Justice Roberts will have a stiff enough backbone to not release the tied decisions in this case and others, and hold out for a hopefully conservative justice appointment .

I found a news article where the USSC announced a rehearing of a case because of the retirement of a Justice before a pending case decision was rendered that would apparently have resulted in a tie:

http://www.washingtonpost.com/wp-dyn/content/article/2006/02/17/AR2006021701950.html


35 posted on 02/15/2016 11:12:39 AM PST by Synthesist
[ Post Reply | Private Reply | To 1 | View Replies]

To: cherry

Voter fraud elected Obama, not “freepers”


36 posted on 02/15/2016 11:41:30 AM PST by Syncro (Benghazi-LIES/Coverup Treason ARREST the traitors! Hillary, Obama, Rice, Holder, Learner et al)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Nachum
It's only a delay. The Supreme Court will likely have this case reargued next term when the Court will again have 9 Justices. If the People are smart, the result will be the same as if Scalia was still alive. If.
37 posted on 02/15/2016 12:26:35 PM PST by Repeal 16-17 (Let me know when the Shooting starts.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lucky9teen

There you go. This alone is reason to have ordered an autopsy and toxicology report.

The left is evil.


38 posted on 02/15/2016 1:12:17 PM PST by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
[ Post Reply | Private Reply | To 34 | View Replies]

To: eCSMaster

Sure- why else would a lesbian jewess liberal go hunting with Antonin Scalia. He took her elk hunting out West, where she shot a white tail deer. To which Scalia quipped “she could have done that right out the end of my driveway in VA”.

So, yes— the “amiable” smartie Kagan was the “bridge” perhaps.

Gonna miss Scalia’s brilliant mind.


39 posted on 02/15/2016 1:33:51 PM PST by John S Mosby (Sic Semper Tyrannis)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Nachum

Obama will make a recess appointment who he will describe as a ‘moderate’.

Leading contenders are Chuck Schumer, Eric Holder, Loretta Lynch, or Bill Ayres.


40 posted on 02/15/2016 2:17:08 PM PST by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-58 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson