Posts tagged Supreme Court
Court of Appeals Sides with WILL in Act 10 Case
August 2, 2026 // The Wisconsin Institute for Law & Liberty (WILL) secured a significant victory at the Wisconsin Court of Appeals after they upheld Act 10 in Abbotsford Education Association v. WERC. WILL represented a teacher who supported and benefited from the law signed by Governor Scott Walker in 2011. The Quote: Lucas Vebber, WILL Deputy Counsel, stated, “WILL has fought to protect Act 10 since its enactment because of the substantial benefits provided to taxpayers and local governments. For 15 years, various legal challenges have been unsuccessful, because ultimately this is a law signed by the Governor and passed by a duly elected legislature which meets all constitutional requirements. As this case likely heads to the Wisconsin Supreme Court, we stand ready to make the case once again.”
Longtime Union Leader Prepares to Step Back From a Movement Under Threat
July 30, 2026 // Mr. Saunders had to reckon with another internal division after George Floyd’s murder, when a subset of members called for law enforcement groups to be banished from the union. The American Federation of State, County and Municipal Employees is a liberal union, but its political composition can be quite diverse: Its 1.4 million dues-paying members across the country include nurses in Michigan, transportation workers in New York and corrections officers in New Mexico, along with domestic workers, clerks, cops and librarians. Mr. Saunders thought it would be a mistake to push out the police.
Railroad, airline labor mediator fired by Trump drops legal fight
July 20, 2026 // The Supreme Court’s blockbuster decision expanding President Trump’s firing power has reached another agency: one that works out labor disputes in the airline and railroad industries. Deirdre Hamilton, a Democratic appointee to the National Mediation Board who had been contesting her firing, has now dismissed her legal challenge. A judge on Thursday ordered the case be closed.
National Right to Work Foundation Files Brief in Support of Grad Students’ Legal Challenge to Being Forced to Fund Radical Campus Union
July 19, 2026 // Amicus brief at Seventh Circuit Court of Appeals argues NLRB coercion over bargaining means mandatory union dues requirement violates First Amendment
Ninth Circuit Hears CPC’s First Amendment Challenge to SB 399
July 14, 2026 // On Tuesday, the U.S. Court of Appeals for the Ninth Circuit heard oral arguments in California Policy Center v. Garcia-Brower, CPC’s lawsuit challenging California Senate Bill 399, a law that violates employers’ First Amendment rights by prohibiting the discussion of “religious or political matters” during mandatory workplace meetings.
Op-ed: Unions still haven’t accepted Janus
June 29, 2026 // Public employees have a First Amendment right not to join or financially support a public-sector union. Yet across the country, many workers are never clearly told that. In some states, unions have secured laws giving them mandatory access to new employees, including closed-door meetings during onboarding. But those workers may never hear the other side: That union membership is optional and that they have a constitutional right to decline. That is not informed consent. It is a one-sided sales pitch backed by political power.
Commentary: NY unions put a target on my back — for helping their members escape
June 22, 2026 // A few days ago, at the tail end of its legislative session, Albany lawmakers passed a bill giving Attorney General Letitia James sweeping new powers to investigate and fine any organization — even those based in other states — for communications she determines to “falsely impersonate” a union. The fine is $1,000 per incident: $1,000 for every mailer or email my group, the Freedom Foundation, sends to tens of thousands of workers annually. The bill claims it’s meant to stop the impersonation of union representatives, but its real purpose is to stop groups like mine from telling public employees what their unions don’t want them to know: That they have a constitutional right to decline union membership and dues without losing their jobs.
The Texas Case That Could Bring Down the NLRB
June 13, 2026 // That’s the reality of a May decision by a U.S. district court in Fort Worth in the case Aunt Bertha v. National Labor Relations Board. The court ruled that the NLRB – the main government agency overseeing union organizing and collective bargaining in the private sector – is unconstitutional on multiple counts. This case seems destined to head to the Supreme Court, and if it does, Congress may have to rewrite federal labor law to meet workers’ needs in the 21st century.
Report: The diminishing power of teacher unions
May 29, 2026 // The result is A Crowded Table: Teacher Union Strength in 2026. Building on our original study, the authors set out to gauge teacher union strength in each of the 50 states and the District of Columbia (D.C.). Collectively, the 59 measures—which include 29 new measures that were not in the original report—seek to quantify union strength in five key areas: Resources and Membership; Involvement in Politics; Labor and Bargaining Policies; Policy Wins and Losses; and Perceived Influence, which draws from an original survey examining how stakeholders in each of the 50 states and D.C. perceive teacher union strength today. The states with the strongest teacher unions are Vermont, California, Massachusetts, New Jersey, and Hawaii. The states with the weakest teacher unions are Arkansas, Oklahoma, Tennessee, North Carolina, and Mississippi. (See our interactive table on the report website for the overall rankings alongside the rankings for each of the five areas.)
Organized Labor’s Violent Privilege: The Supreme Court Loophole Shielding Union Officials from Prosecution
May 27, 2026 // Under federal precedent, they can often destroy property, assault workers, threaten communities, and even commit murder with reduced risk of serious prosecution — as long as the acts advance “legitimate union objectives” such as higher wages or work rules. This extraordinary immunity stems primarily from the U.S. Supreme Court’s 1973 ruling in United States v. Emmons, which gutted key provisions of the Hobbs Act. Combined with practical limitations in the Racketeer Influenced and Corrupt Organizations Act (RICO), it has created a regime where violence during labor disputes is frequently treated differently under the law. The Emmons Decision: A Judicial Loophole In United States v. Emmons, 410 U.S. 396 (1973), three IBEW members were indicted for firing high-powered rifles at utility transformers, draining oil from equipment, and blowing up a substation during a strike. The Supreme Court held that such violence did not constitute “wrongful” extortion under the Hobbs Act (18 U.S.C. § 1951) because the union had a “claim of right” to pursue legitimate bargaining goals.