This week has been a very big week for the Supreme Court of the United States (SCOTUS).
So all in all, a very big week for the Supreme Court. Justice Kennedy has written some truly interesting opinions, a few of which I've read all the way through, most recently his decision in favor of gay marriage, which contained some very interesting ideas.
Regarding this week's rulings, I don't have any strong opinions about most of them, but I feel very strongly about Wednesday's decision Janus v. AFSCME regarding labor unions. I strongly agree with the majority on this. I believe labor unions are a good idea in theory and ought to be an essential check on corporate power, but in practice they've become groups for political activism. I don't mind that they exist (although I wish they'd be more about workers' rights and less about political activism), but I agree strongly that they shouldn't be able to collect fees from people who don't wish to be a part of them, especially in light of their political lobbying.
- Monday saw a 5-4 decision along typical lines regarding a redistricting case in Texas. The Texas District Court had earlier decided that Texas' district lines were racially gerrymandered and needed to be redrawn. The Supreme Court decided that the District Court had improperly decided that case and that it would need to be re-decided in line with the issues they brought forward. Additionally, the court was asked if the current redistricting lines were valid, and they found that they were, with the exception of one district which was racially gerrymandered and would need to be redrawn.
- Monday also saw another 5-4 decision along the same lines regarding an antitrust case. American Express has a provision in their merchant contracts that prohibited their partners from discouraging use of the card to avoid fees. The Supreme Court found that these provisions did not violate antitrust law.
- Tuesday saw a 5-4 decision along the same lines regarding the validity of California's FACT Act, which requires that pregnancy centers (mainly those operated by pro-life groups) disclose that abortion services are offered by state-run clinics and that they disclose their unlicensed status if they are unlicensed. The Supreme Court found that both of these notices violated the First Amendment rights of those running the operations, although for different reasons.
- Tuesday also saw another 5-4 decision along the same lies regarding the validity of the injunction (or temporary hold on implementation) on the third iteration of President Trump's travel ban. The Supreme Court found that, at least regarding this iteration of the travel ban, he was within his rights to implement it the way that he did, and that the arguments that prompted the injunction did not have a reasonable chance of succeeding. The Supreme Court ordered the injunction released and sent the case back down to be re-decided in light of their ruling.
- Wednesday saw a 5-4 decision not on typical lines regarding a long-running dispute about a water source between Florida and Georgia. The Supreme Court found that the individual they assigned to review a complaint Florida raised (in which they requested a cap be placed on the amount of water Georgia could use) had not properly considered their argument and ordered the case be reheard. This means Florida will get to reargue their case with respect to this complaint.
- Wednesday also saw another 5-4 decision back on typical lines regarding the rights of labor unions to collect union fees from non-union workers in return for the service of collective bargaining. The Supreme Court found that requiring non-union workers to pay union fees violates their First Amendment rights by compelling them to subsidize private speech on matters of substantial public concern.
- Finally, Wednesday also saw the major announcement that Justice Anthony Kennedy will be retiring on July 31st. This will probably have a major impact on case decisions going forward, as Kennedy was often seen as a "swing vote" on a Court otherwise usually divided along ideological lines.
So all in all, a very big week for the Supreme Court. Justice Kennedy has written some truly interesting opinions, a few of which I've read all the way through, most recently his decision in favor of gay marriage, which contained some very interesting ideas.
Regarding this week's rulings, I don't have any strong opinions about most of them, but I feel very strongly about Wednesday's decision Janus v. AFSCME regarding labor unions. I strongly agree with the majority on this. I believe labor unions are a good idea in theory and ought to be an essential check on corporate power, but in practice they've become groups for political activism. I don't mind that they exist (although I wish they'd be more about workers' rights and less about political activism), but I agree strongly that they shouldn't be able to collect fees from people who don't wish to be a part of them, especially in light of their political lobbying.