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Organized Labor Gets a Lucky Break

The landmark “Abood” ruling required union apostates to pay their “fair share” of the collective bargaining costs that go toward getting them the decent contracts they enjoy. What Abood did, basically, was to outlaw greedy freeloaders from pretending to be ideological purists.

But with Scalia’s sudden death, and the Supreme Court reduced to eight justices, the vote on whether to overturn the appellate court’s decision on “Friedrichs” resulted in a 4-4 tie. Although it wasn’t noted, the four who voted to overrule Friedrichs were presumably Justices Alito, Thomas, Kennedy, and Roberts. But when there’s a tie, the decision reverts to that of the lower court.

Thus, the appellate court’s ruling, happily, remained in place. In short, with Scalia vanishing from the bench, Rebecca Friedrichs lost her bullshit lawsuit, Abood survived for another day, and workplace justice prevailed. All things considered, not too shabby.

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