Wednesday, May 29, 2024
Hawai'i Free Press

Current Articles | Archives

Sunday, June 24, 2018
Travel Ban, Forced Union Dues Decisions Coming in Supreme Court's Final Week
By Selected News Articles @ 4:12 PM :: 6830 Views :: National News, Judiciary, Labor

TRAVEL BAN, FORCED UNION DUES DECISION COMING IN SUPREME COURT’S FINAL WEEK

by Kevin Daley, Daily Caller, June 24, 2018

Blockbuster rulings in cases involving President Donald Trump’s travel ban and mandatory union dues are expected this week, as the Supreme Court convenes for its final decision days before the summer recess.

The justices may have positioned the Court for a climactic conclusion after the tribunal opted for narrow holdings in landmark cases concerning partisan gerrymandering and the rights of religious dissenters.

There are six cases still outstanding from the high court.

The union dues case, Janus v. AFSCME, is the latest challenge to a 1977 precedent called Abood v. Detroit Board of Education, which allows public sector unions to collect fees from non-members to cover administrative costs incurred through collective bargaining. These so-called agency fees protect union shops from the “free-rider” problem, in which non-unionized workers reap the benefits of membership — like higher wages and benefits — without enrolling in a union.

Abood also provides that agency fees may only be used for expenses relating to contracts or negotiations which benefit all public workers. They may not be used for political activities.

Critics of Abood say the distinction between political and non-political expenditures is meaningless, since all public union activity is political, especially in the context of collective bargaining. Therefore, they argue agency fees require government workers to subsidize speech with which they may disagree, in violation of the First Amendment.

The Supreme Court seemed poised to overturn Abood in a 2016 case called Friedrichs v. California Teachers Association, but Justice Antonin Scalia’s death left a short-handed Court unable to resolve the dispute. The Court took the Janus case shortly after Justice Neil Gorsuch’s confirmation in 2017.

The justices will also decide the legality of Trump’s latest travel sanctions. A coalition of Democratic states and civil rights groups argue that the ban exceeds the president’s authority under the Immigration and Nationality Act and the First Amendment, alleging its real purpose is to disparage Islam.

The current ban is imposed to varying degrees against nationals from Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen.

As a general matter, each justice will write one majority opinion for each sitting of the Court. A sitting refers to a two-week period in a given month during which the Court hears oral arguments. The travel ban case was argued in April, and the only two justices who have not written a decision from that sitting are Chief Justice John Roberts and Justice Samuel Alito, potentially a promising sign for the administration.

Other pending decisions include NIFLA v. Becerra, a challenge to a California law requiring crisis pregnancy centers to provide information about state-funded abortions, and Florida v. Georgia, a dispute over the apportionment of water from the Apalachicola-Chattahoochee-Flint River Basin.

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii