Supreme Court's tie vote upholds public employee fees for unions
Source: Los Angeles Times
The Supreme Court announced a tie vote today in what labor law experts had called a "life-or-death" case for public employee unions.
The split decision preserves a long-standing rule that requires about half of the nation's teachers, transit workers and other public employees to pay a "fair share fee" to support their union.
The tie vote will come as a relief to union officials who feared the conservative court was on the brink of striking down the pro-union laws that authorized these fees.
But the death of Justice Antonin Scalia left the court without a majority to rule on the issue.
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Read more: http://www.latimes.com/nation/la-na-court-union-fees-tie-vote-20160329-story.html
Ha ha...
Firebrand Gary
(5,044 posts)GOTV like your union depends on it, because it does!
riversedge
(70,299 posts)Trajan
(19,089 posts)In the meantime, conservatives in the court are NOT the majority ... Perpetual losers until the ninth justice is named ...
alcibiades_mystery
(36,437 posts)But, yeah, in many cases.
mpcamb
(2,875 posts)aggiesal
(8,923 posts)He's a Justice Roberts clone with it come to corporations.
saturnsring
(1,832 posts)Greybnk48
(10,176 posts)Kip Humphrey
(4,753 posts)jwirr
(39,215 posts)old one. Hope.
It depends on which appeals courts decisions are coming from. Ties are bad if the decisions being reviewed are from conservative appeals courts...
jwirr
(39,215 posts)NewJeffCT
(56,829 posts)I believe most of the federal courts are controlled by Democratic appointees, thanks to Democratic presidents 16 of the last 24 years.
brush
(53,847 posts)NewJeffCT
(56,829 posts)means it reverts back to the lower court decision, but does not set precedent, like a 5-4 SCotUS decision would
RobinA
(9,894 posts)if they vote 5-3? Just curious, I'm assuming it would be since in theory the other vote wouldn't have swung it, but one justice can change the whole dynamic.
NewJeffCT
(56,829 posts)but, I am not sure, to be honest.
Hassin Bin Sober
(26,337 posts)It could be 2-1 and would still carry the applicable weight of the Court.
FDR tried to "pack the court" by adding extra Justices when the conservative Supreme Court stood in his way.
strategery blunder
(4,225 posts)I believe it is 6 justices required for a quorum. That is set by statute (similar to the statute that specifies that SCOTUS should have nine justices.) The court still meets that quorum--even if two justices recuse.
And I believe a majority of the quorum sets precedent, so in the extreme a 4-2 case could set precedent (albeit possibly a weak one that a future fully staffed SCOTUS would be willing to overturn).
ETA (because post posted before I was finished with it): I'm not a lawyer, just exploring the outer limits of being well-informed on civics; if I'm wrong please correct me.
RobinA
(9,894 posts)at least from a Supreme Court decision perspective for liberals, was always going to be at worst, a draw. There simply is no down side.
alcibiades_mystery
(36,437 posts)Scuba
(53,475 posts)LiberalArkie
(15,728 posts)EyeOnLife
(37 posts)and nitrites.
Now we shall serve the same for Thomas, Roberts, Kennedy and Alito.
rurallib
(62,448 posts)That would be more acceptable to the tea baggers than voting on an Obama nominee.
llmart
(15,552 posts)What does this mean for states like Michigan who became "right to work" states? We have employees who opt out of the teachers' union and don't pay dues but receive the same benefits as the union negotiated for their employees. That galls me to no end.
roody
(10,849 posts)A four-four tie just leaves in place the ruling by the 9th circuit court of appeals. Michigan is outside that court's jurisdiction so it means nothing.
louis c
(8,652 posts)26 Right to work states force unions to provide free services to any employee who chooses to not pay dues, but receives the union's benefits (bargaining, seniority, grievance and arbitration, etc.).
24 states (Massachusetts, where I live and work is one) provides that anyone who chooses to not pay dues is still required to pay an agency fee to be employed in a union job. It is considered a "closed shop" state. The agency fee is usually 80% to 85% of the dues, which deducts the estimated cost of political lobbying for the normal dues. Anyone who "opts out" cannot vote in union election or vote to ratify the contract or attend union meetings. So, an "opt out" employee still receives all the benefits of the union, can choose not to belong, and is not required to pay any portion of the political activity of the union or participate in it's functioning.
That seems like a fair exchange to me.
llmart
(15,552 posts)I live in Michigan and a couple of people at work declined to pay dues but have the gall to enjoy the benefits that the others pay for. The one that I know in particular is a Repuke and she brags about turning in her card immediately to state she wanted to opt out yet she enjoys a decent salary and benefits thanks to the union.
Michigan was always a staunch union state but the low information voters keep putting Republicans in the state house and gerrymandering didn't help any.
hlthe2b
(102,357 posts)that may be brutal, but....
Orrex
(63,224 posts)But well played.
LiberalArkie
(15,728 posts)Cassiopeia
(2,603 posts)Faux pas
(14,690 posts)Faux pas
(14,690 posts)the lay of the land. Joined the union for a couple of bucks more a month. Figured it would be the smart thing to do with my outspoken smart mouth.
PS-I'm retired and still choose to pay, for the ones who are coming up behind me.
safeinOhio
(32,715 posts)Been retired for 14 years and haven't missed a meal yet.
Elmer S. E. Dump
(5,751 posts)irisblue
(33,023 posts)corkhead
(6,119 posts)Auggie
(31,186 posts)SHRED
(28,136 posts)Fuck those free riding scabs who want something for nothing.
lark
(23,155 posts)Think he's shooting himself in the foot by not putting the moderate corporatist Obama nominated up for a vote. The only thing the candidate seems progressive in is guns, which is cool by me. Bet the Chamber is really unhappy with him right about now. Hahahahahahahaha!!
snort
(2,334 posts)Thank you Justice Scalia for your timely departure.
safeinOhio
(32,715 posts)Hope he goes peacefully
johnnyrocket
(1,773 posts)Orrex
(63,224 posts)KamaAina
(78,249 posts)Jackie Wilson Said
(4,176 posts)he could destroy working people for good.
KamaAina
(78,249 posts)NCjack
(10,279 posts)died and the plan backfired. Feels so good.
sulphurdunn
(6,891 posts)I mean that sincerely.
yurbud
(39,405 posts)lindysalsagal
(20,730 posts)Shows support for teachers, police, firepeople, everyone we depend on as t home.
Glad my ny union won't have to contend with this. Hope it puts the matter back to bed with no more challenges.For a good, long time.