I think the Supreme Court just finished off the other half of their plan for a permanent Republican majority. The opinion was just released an hour ago and I am not an expert on labor law, but based on Sotomayor’s opinion (pdf) in Knox v. SEIU, it appears that the Court overreached and just legislated that unions must get an opt-in from members to do political work. The case involved the SEIU’s political work during 2005 in California. Apparently, they didn’t follow the law in terms of notifying members that they could opt out of paying increased dues. But that’s where the case should have ended. Instead of affirming the law, the Court used the opportunity to cripple unions’ ability to raise money for political action.
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BooMan
Martin Longman a contributing editor at the Washington Monthly. He is also the founder of Booman Tribune and Progress Pond. He has a degree in philosophy from Western Michigan University.
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so what does that mean for, say, the SEIU’s field program for PA?
The SEIU will have to get a PO Box and set up a dummy corporation to funnel money into their political activities.
So Anthony Kennedy wants to be known as the most corrupt, assholish Supreme Court judge of the last 30 or so years? He’s worse than Scalia, Alito, Roberts or Thomas.
Does that mean companies need to get permission from shareholders before engaging in lobbying? As that is political work.
How about employees? After all, that money could be spent on increases in pay or better benefits.
From what I’ve read of the opinion, the bottom line is now that union shops have to basically take a vote on any political activity because non-union members First Amendment rights to not pay dues are more important than the union’s rights to act as a political entity, even with Citizens United and even with an opt-out.
So yes, it makes it now MUCH more difficult for unions to exercise political advocacy, because this now requires the union to seek the express consent of any non-union members before raising dues/fees in the shop and that objectors can do nothing and don’t have to pay.
It makes it a pain in the ass to raise money for political purposes now and actually penalizes the unions, providing extra barriers specifically to unions for raising money through dues, whereas corporations on the other hand can do whatever they hell they want, shareholders and employees don’t matter to the company’s decisions on advocacy.
So yes, BooMan is right. This move is basically all but shackling union fundraising to the floor while corporations can give unlimited amounts.
And from what I can find, failure to notify on consent is costing California’s SEIU locals about $12 million in fundraising through these fees.
I am not at all surprised by this.
This has been on the agenda ever since they passed CU.
It really needs to be overturned.
I could think of some other things that need to happen, but they’re not suitable for a family blog and involve cement overshoes for at least 5 people.
And the right is dancing in the streets.
If you read Adam B.(at TGOS), while this decision hurts, it’s not the end all. I don’t think anyway.
of course they are. the right got what they wanted. They have a lovely stacked court, and until one of those fuckfaces retires or dies, we’re stuck. I’d love to read that Kennedy or Thomas or Scalia had a massive heart attack and expired.
So wait a second. Does that mean all corporations must now get shareholder approval before engaging in political activity or making donations? Or are unions just special that way?
Just how tilted must the playing field become for THE CAPITALISTS before they become secure enough when starting a three game set against THE PROGRESSIVES to let the chips fall where they may?? (answer 90 degrees)