The unfortunate and untimely passing of Supreme Court Justice Antonin Scalia has Big Labor bosses and their liberal political allies cheering. Scalia would have been the decisive vote in a major Supreme Court decision affecting labor unions scheduled for this June (see Why Antonin Scalia was a jurist of colossal consequence). Justice Scalia’s influence would have impacted government union bosses, as he most likely would have voted in favor of union members in Friedrichs v. California Teachers Association. The case involves a California teacher who claims her First Amendment rights have been violated by having to pay union dues, even though she isn’t a member of the union. This matter was further chronicled in a previous blog, Will the Supreme Court undo the damage done to the rights of millions of government workers?
Such a defeat could have been a death spiral for Public Sector Unions. Without a replacement for Scalia, the vote could end up in a tie, considering the Supreme Court is now divided evenly — four liberal justices and four conservative justices. In the event of a tie, the decision of the lower court continues to stand. In this case, the Court of Appeals ruled in favor of the labor unions.
Despite the fact President Obama will push for a quick replacement for Scalia, likely a liberal candidate, which would tilt the Supreme Court to the left, and unions don’t technically even need this appointment, as they are currently in position to Win by Default. This could also be a setback to Christian businesses in America. Without Scalia’s vote, cases involving Religious Beliefs and Christian Values may swing against such businesses due to a likely liberal selection by the President.
Big Labor’s cheering will be somewhat dampened by the news that West Virginia just voted to become the 26th Right-To-Work (RTW) State, effective July 1, 2016. West Virginia makes the fourth state to pass RTW legislation in the last 4 years –along with Indiana, Michigan and Wisconsin. It is obvious that the country is moving in a new direction and that there is actually a movement for National RTW Legislation. This recent development, combined with the fact that Democrats may lose the 2016 Presidential Election and continue to be the congressional minority, has the big labor bosses concerned. Undoubtedly, they will be a Major Presence in the 2016 Elections, as they may possibly face extinction if they lose this Election.
I often experience flashbacks of the SEIU attacks made against my company when watching Hillary Clinton, Bernie Sanders and President Obama speak. They are using the same misguided promises, false information, lies, rhetoric and intimidation tactics the SEIU utilized when attempting to force unionize my employees. It is imperative that a Supreme Court decision is not made in favor of big labor as a result of Scalia’s death.
There is no doubt Scalia’s Death Throws a Wrench in the Bench. However, it is time for Americans from both sides of the aisle to band together, absent political persuasion, to assure that Scalia’s replacement will be one that does not represent progressive ideology, but rather someone who Defends the Constitution of the United States of America and the future of this great country — as Antonin Scalia notably did for so many years.
About the Author: David A. Bego is the President and CEO of EMS, an industry leader in the field of environmental workplace maintenance, employing nearly 5000 workers in thirty-three states. Bego is the author of “The Devil at My Doorstep,” as well as the just released sequel, “The Devil at Our Doorstep,” based on his experiences fighting back against one of the most powerful unions in existence today.