Today the five justices of SCOTGO — Supreme Court of the Galatian Overlords — made it a lot easier for the Right to take down public employee unions.
On First Amendment Thursday, the conservative majority on the Supreme Court delivered an unsubtle warning to public employee unions: You are living on borrowed time.
In Knox v. Service Employees International Union, the five—Chief Justice John Roberts and Associate Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas, and Samuel A. Alito—reached out to decide a question that was not argued or briefed; their opinion all but begs right-wing advocacy groups and public employers to use its emerging First-Amendment jurisprudence to take down public-employee unions and in essence find a Southern-style “right to work†law in the Constitution.
The article linked explains the decision better than I can. Two justices, Sotomayor and Ginsburg, concurred in the result but objected that the written decision addressed “unnecessarily significant constitutional issues well outside the scope of the questions presented and briefing,” Sotomayor wrote. Breyer and Kagan dissented.
Next week: The Obamacare decision.