Supreme Court's tie vote upholds public employee fees for unions

[jpak]

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

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Ha ha...

[Firebrand Gary]

1. Highly beneficial to us this fall!

GOTV like your union depends on it, because it does!

[riversedge]

13. yes.

[Trajan]

2. This reveals the paucity of the GOP policy to 'wait until the next president'

In the meantime, conservatives in the court are NOT the majority ... Perpetual losers until the ninth justice is named ...

[alcibiades_mystery]

8. Depends how the lower court ruled

But, yeah, in many cases.

[mpcamb]

9. Wonder how Merrick Garland would have voted...

[aggiesal]

44. With the conservatives ...

He's a Justice Roberts clone with it come to corporations.

[saturnsring]

43. or one of our judges dies then the court will back to a conservative one

[Greybnk48]

3. Woo hoo! Thanks Scalia!

[Kip Humphrey]

6. Don't forget to thank Mitch McConnell too!

[jwirr]

4. Maybe this 4-4 court is actually going to work better than the

old one. Hope.

[MisterFred]

10. Sometimes

It depends on which appeals courts decisions are coming from. Ties are bad if the decisions being reviewed are from conservative appeals courts...

[jwirr]

12. Of course.

[NewJeffCT]

18. However, despite unprecedented obstruction

I believe most of the federal courts are controlled by Democratic appointees, thanks to Democratic presidents 16 of the last 24 years.

[jwirr]

22. Yes.

[brush]

14. Yep! The repug obstructionism is biting themselves in the ass. Woohoo!

[NewJeffCT]

20. I believe a 4-4 decision

means it reverts back to the lower court decision, but does not set precedent, like a 5-4 SCotUS decision would

[RobinA]

23. Is It Precedent

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]

35. I think so

but, I am not sure, to be honest.

[Hassin Bin Sober]

46. There is really no set number of Supreme Court Justices.

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]

55. Actually SCOTUS has a quorum requirement

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]

21. Scalia's Death,

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]

5. For the GOP Scalia-Lovin' Union Busters...

[Scuba]

7. I'd like to thank all the chefs who prepared Justice Scalia's pasta and beef dishes.

[LiberalArkie]

19. ^^^^^^

[EyeOnLife]

31. Loaded with plenty of fat

and nitrites.

Now we shall serve the same for Thomas, Roberts, Kennedy and Alito.

[rurallib]

11. new strategy: Pray Scalia back to life

That would be more acceptable to the tea baggers than voting on an Obama nominee.

[llmart]

15. I'm curious...

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]

25. Not sure, but I think you are SOL.

[RAFisher]

29. Nothing

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]

48. Each State Makes Their Own Law

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]

50. Good info....

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]

16. Scalia finally makes a worthwhile accomplishment...

that may be brutal, but....

[Orrex]

41. Not brutal enough IMO

But well played.

[LiberalArkie]

17. I kind of hope the we do not get a ninth judge for a quite a while.

[Cassiopeia]

24. Scalia finally did something to help out the working class.

[Faux pas]

27. Good one

[Faux pas]

26. I paid my 'fair share' for a couple of years while getting

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]

38. I still pay mine

Been retired for 14 years and haven't missed a meal yet.

[Elmer S. E. Dump]

28. Thanks for dropping dead, Tony!

[irisblue]

32. best thing he ever did

[corkhead]

30. The best thing Scalia ever did was make himself unavailable for this vote.

[Auggie]

33. I bet some moron talking head says Scalia should get a ghost vote

[SHRED]

34. Agency Shop stands!!

Fuck those free riding scabs who want something for nothing.

[lark]

36. Ha, take that Mitch McConnell.

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]

37. My son is a teacher and member.

Thank you Justice Scalia for your timely departure.

[safeinOhio]

39. Thomas looks ready to go also.

Hope he goes peacefully

[johnnyrocket]

40. The era of right wing oppression from the court is over!

[Orrex]

42. FINALLY Scalia recuses himself.

[KamaAina]

45. Fat Tony must be rolling over in his grave!

[Jackie Wilson Said]

51. He was having sexual orgasms over the thought of ruling on this one, with this one

he could destroy working people for good.

[KamaAina]

52. Maybe the cause of death was autoerotic asphyxiation.

[NCjack]

47. The Repugs lined up a ton of cases for the SCOTUS because Scalia was there waiting. Oops! He

died and the plan backfired. Feels so good.

[sulphurdunn]

49. Thank you for the irony Justice Scalia.

I mean that sincerely.

[yurbud]

53. thanks Scalia!

[lindysalsagal]

54. Glad scotus chose now to rule instead of waiting

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.