Another day, another horrible Supreme Court decision thanks to Mitch McConnell.
Technically, it was “Justice” Neil Gorsuch who issued the democracy-crushing vote, but he is only in a position to do so because of McConnell’s successful theft of Merrick Garland’s rightful appointment to the bench.
A minority voice from whom we don’t often hear wrote the latest sane dissent. Justice Elena Kagan penned the brutal piece in which she rightfully accuses her conservative counterparts of “weaponizing” the First Amendment after the Court ruled that public-sector unions can’t charge nonmembers a “fair-share” agency fee.
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Kagan took a page from Ginsburg’s book and read her dissent directly from the bench where her fiery words burned the majority, explaining that they have chosen the winners by “turning the First Amendment into a sword and using it against workaday economic and regulatory policy.”
In a 5-4 decision on Wednesday, the conservative wing ruled that extracting agency fees from non-consenting public-sector employees violates the First Amendment. The decision overturns a 1977 precedent from the Abood vs. Detroit Department of Education case.
Abood allowed public-sector unions to collect fees from nonunion members for nonpolitical activities like collective bargaining without violating their First Amendment right to free speech.
Kagan agrees with the original ruling, which was met with resistance of its own from the ’77 conservative minority. Kagan argued that the Wednesday decision was nothing more than the conservative side’s desire to be on the winning side of a legislative argument.
“The court today wreaks havoc on entrenched legislative and contractual arrangement.
“Twenty-two states have enacted statutes authorizing agency fees. Every one of them will now need to come up with new ways — elaborated in new statutes — to structure relations between government employer and their workers.”
Kagan went on to warn the country, by way of her dissent, that the conservative majority seated on the bench was just beginning to use their power to warp the First Amendment to suit their whims.
“Today is not the first time the court has wielded the First Amendment in such an aggressive way; just yesterday we saw another and it threatens not to be the last.”
Kagan is referring to Tuesday’s ruling in which the court found that a California law requiring clinics known as “crisis pregnancy centers” to inform women about how to receive low-cost abortions and contraception from the state likely violates the First Amendment.
Because as we all know, a doctor’s personal feelings on a woman’s bodily autonomy supersedes her ability to exercise that very bodily autonomy.
Buckle up, it’s going to be a bumpy road to November.