Year: 2024

The Right Believes It Has the Supreme Court Votes to Entirely Overturn Labor Law

The foundational 1935 labor law protecting workers is unconstitutional, according to major corporations and right-wing zealots who believe they have enough votes on the Supreme Court to overturn it. In the latest sign that anti-union forces will doggedly press the matter, a federal judge for the Northern District of Texas enjoined the National Labor Relations Board (NLRB) from processing any allegations of employer violations of workers’ rights. The National Review hailed the decision as ​“A Welcome Blow to the NLRB.” This is after Elon Musk’s SpaceX won a similar injunction against the NLRB before the Western District of Texas in July. Both cases will work their way up to the Fifth Circuit Court, which has served as an expressway to steer anti-regulatory legal appeals to the Supreme Court ever since Trump packed it with right-wing ideologues. The arguments that the employers utilize, and even the immediate outcomes of these cases, are almost irrelevant to the ultimate goal: The right wing aims to repeal the 20th Century. But, in trying to repeal all […]

Misjudging Labor

On June 13 the Supreme Court once again sided with a multibillion-dollar corporation over its workers. The case of Starbucks Corp. v. McKinney concerns seven employees, now known as the Memphis Seven, whom Starbucks fired in February 2022 as they tried to unionize their store in Tennessee. (Because federal law prohibits employers from retaliating against organizing, the company naturally claims they were let go for violating workplace policies.) The National Labor Relations Board (NLRB), the agency tasked with guaranteeing workers’ rights to join unions and negotiate contracts, was quick to intervene. Directed by the Biden-appointed General Counsel Jennifer Abruzzo, NLRB staff filed for a preliminary injunction to force Starbucks to reinstate the fired activists while the case was fully litigated. Such requests are rare. The NLRB only makes them when companies glaringly violate labor law and the agency is confident that courts will decide the case in the workers’ favor. In August 2022 a lower-court […]