Quotulatiousness

June 28, 2018

US Supreme Court rules on the Janus case

Filed under: Law, Liberty, Politics, USA — Tags: , , , , — Nicholas @ 05:00

Eric Boehm reported soon after the decision was announced on Wednesday morning:

More than four decades after the Supreme Court ruled that public sector workers could be required to pay dues to unions even if they do not join one, a 5–4 majority on the high court overturned that precedent in a closely watched case that could have major ramifications for the future of public sector unions.

“Under Illinois law, public employees are forced to subsi­dize a union, even if they choose not to join and strongly object to the positions the union takes in collective bar­gaining and related activities,” Justice Samuel Alito wrote in the majority opinion. “We conclude that this arrangement violates the free speech rights of nonmem­bers by compelling them to subsidize private speech on matters of substantial public concern.”

In the short-term, the ruling in Janus v. American Federation of State, County and Municipal Employees means that plaintiff Mark Janus was successful in his decade-long fight to prevent the union from taking $50 out of his paycheck every two weeks. Over the years, Janus estimates, he’s contributed more than $6,000 to the union.

More broadly, Wednesday’s ruling could end the automatic deduction of union dues from millions of public employees’ paychecks, forcing unions like AFSCME to convince workers to voluntarily contribute dues — something workers would do, presumably, only if they have a reason to do so.

“So many of us have been forced to pay for political speech and policy positions with which we disagree, just so we can keep our jobs. This is a victory for all of us,” said Janus in a statement. “The right to say ‘no’ to a union is just as important as the right to say ‘yes.’ Finally our rights have been restored.”

The ruling is “a landmark victory for rights of public-sector employees,” said Mark Mix, president of the National Right to Work Legal Defense Foundation, which supported Janus’ lawsuit.

While today’s ruling certainly shifts the balance towards worker freedom, groups like the National Right to Work Legal Defense Foundation, which represented Janus, say they are already prepared for additional rounds of litigation. In states that previously have embraced right-to-work policies, unions have often tried to make it as difficult as possible for workers to renounce their membership.

At Hot Air, Jazz Shaw highlights a few of the key points:

Justice Alito wrote the decision and it followed along with the expectations of those who watched the case play out before the court. Also as expected, this was a 5-4 decision, split along partisan lines. At the heart of Janus was the question of whether or not unions can forcibly extract dues from workers’ paychecks without the worker proactively volunteering to contribute. In parallel to that, the court had to determine whether or not those extracted fees, being put toward lobbying efforts, constituted involuntary political speech on the part of the worker. The ruling answers both questions definitively.

You can read the full decision here [PDF] but I’ve extracted a couple of the key points from the syllabus. First is the issue of whether the previous ruling in Abood (which went in the unions’ favor) erred in allowing the forcible extraction of dues. Alito leaves no room for doubt.

    The State’s extraction of agency fees from nonconsenting public sector employees violates the First Amendment. Abood erred in concluding otherwise, and stare decisis cannot support it. Abood is therefore overruled.

The second question was the one about subsidizing the speech of others when it runs contrary to your personal beliefs. Again, Alito is definitive.

    Forcing free and independent individuals to endorse ideas they find objectionable raises serious First Amendment concerns. E.g., West Virginia Bd. of Ed. v. Barnette, 319 U. S. 624, 633. That includes compelling a person to subsidize the speech of other private speakers.

A union official, Paul Shearon, the IFPTE Secretary-Treasurer, put out an immediate statement saying that this was based on, “a bogus free speech argument.” He went on to say that the justices voting in the majority “are little better than political hacks.” That was followed up by a threat to take it to the streets.

    In the short run, the Janus decision may hurt some unions financially, but in the long run it will serve to make unions and their members more militant and force a stronger culture of internal organizing. The recent statewide teacher strikes demonstrate that when public sector workers face limitations on their bargaining rights they take their case to the streets.

This is going to send shockwaves through not just the unions, but the Democratic Party at large. The amount of money that the unions flush into Democratic coffers every year is likely more than most of you imagine.

Steven Malanga in City Journal provides some rough figures on how much money was at stake for the unions and their political activities:

With the appointment of Justice Neil Gorsuch, unions feared the outcome of the Janus case. After all, many union members have stated that they would give up their memberships if the court ruled that compulsory fees were illegal. An officer of the Communications Workers of America, which represents government employees in New Jersey, told an AFL-CIO convention last fall that only 54 percent of its 60,000 members said that they would remain in the union if they could opt out of paying fees. The California Teachers Association, meanwhile, crafted a 2019 budget that anticipated that as many as 23,000 members would leave if the court overturned the Illinois law. The union will also suffer from the loss of revenues from 28,000 nonmembers who’ve been paying agency fees, and will presumably stop doing so now that they’re no longer compelled. The union, according to a published report, estimated it could suffer a loss of some $20 million annually as a result.

Even before the ruling, government unions were reeling. Their membership has declined from a peak of 7.9 million in 2009 to 7.2 million today — a drop of nearly 9 percent. The portion of government workers in unions, which peaked in the mid-1990s at 38.7 percent, is now down to 34.4 percent, according to unionstats.com. Some of the decline is due to a significant reduction in the number of government workers after the 2008 financial crisis; even today, nine years into a recovery, the total number of government workers remains 10 percent lower than before the recession — a loss of 233,000 positions. But unions have suffered an even bigger falloff, because when government employment began trending back upward in 2014, union membership stayed flat. Many of the gains in government jobs since then have been in nonunion positions.

Unions have suffered big losses in Wisconsin, which banned compulsory unionization in the public sector in 2011. Some 140,000 union positions have dried up as workers chose not to retain their memberships. But other states that continued to compel workers to join a union or pay agency fees have also seen major losses, including New York, where union membership has fallen by 150,000, Illinois (down 88,000), Pennsylvania (down 54,000), and New Jersey (down 50,000). Those declines are reflected in union numbers, too. The National Education Association, the largest teachers’ union, has lost nearly 250,000 members, or about 8 percent of its membership, since 2009. AFSCME’s national membership has shrunk by 200,000, or 13 percent.

Shifting attitudes toward mass immigration in Europe

Filed under: Africa, Europe, Middle East, Politics — Tags: , , , — Nicholas @ 03:00

At Gates of Vienna, Baron Bodissey maps the way public sympathies are changing in the wake of the immigration/refugee waves of the last few years:

From Szczecin in the Baltic to Trieste in the Adriatic, a Razor-Wire Curtain Has Descended…

Immigration-related events are moving rapidly this in Europe summer. The situation is in such flux that now would be a good time to step back and try to get an overview of the process.

Three years ago the dead baby hysteria, followed by Chancellor Merkel’s invitation to the world (“Y’all come in and set a spell, bitte!“), launched the Great European Migration Crisis. Since then I’ve read hundreds of news articles and analyses about the flow of “refugees” and the reactions to their violent and fragrant arrival in Western Europe.

After digesting all that information I created the following map, which presents my subjective evaluation of the different approaches to migration by various European countries. I’ve rated the policies of 28 different countries (the EU 27 minus Croatia, plus Switzerland) on a scale from 0 to 100, from zero (red) for the open-borders attitude of the “Welcoming Culture” to 100 (blue) for the absolute refusal of mass migration by the Visegrád Four (Hungary, Poland, Slovakia, and the Czech Republic). Data from the last six months weighs more heavily in the score assigned to each country — for example, Spain and Italy recently changed governments, which has strongly affected each country’s migration policy.

[Click to see full-sized image]

The grouping of countries based on their stance on migration bears a striking resemblance to the division of Europe into East and West by the Iron Curtain. This is especially true if we roll the clock back three months — back then Italy and Bavaria would have been quite red. And the analogy becomes even more apt if we remember that Austria was occupied by Soviet troops until 1955, which gives it one foot in the Eastern camp.

The biggest change in the past three months has been the formation of a new anti-immigration government in Italy. The “xenophobia” of the East Bloc has now broken through the razor-wire curtain and gained a foothold in Western Europe. No wonder EU politics is in such turmoil! After failing to contain the “anti-European” attitudes of Poland and Hungary, Brussels now has to contend with Matteo Salvini. Italy is one of the “big four” pillars of the European Union, so its defection to the anti-migration side carries enormous significance for continental politics.

The situation is metamorphosing rapidly, but before we analyze the process of change — the “delta”, as they say in the military-industrial complex — let’s go over the snapshot of current European migration policies.

Mary Seacole – II: Mother Seacole in the Crimea – Extra History

Filed under: Britain, History, Military — Tags: , , , , , — Nicholas @ 02:00

Extra Credits
Published on 16 Jan 2016

Unable to find any official sponsors, Mary Seacole decided to send herself to the Crimea. She recruited her husband’s cousin, a fellow business person, and the two of them set off for the war zone. Unlike London, where she’d met a chilly reception, Mary’s help was welcomed by the overworked doctors and suffering soldiers. She built a new version of her British Hotel and invited officers to dine or shop there, using their money to buy medical supplies and creature comforts for the poorer soldiers. She had set herself up next to the army camp, and during battles she helped provide emergency care. But when at last the city of Sevastopol fell, Mary’s medical services were no longer in much demand. She enjoyed a few months of prosperity as the soldiers celebrated their newfound time off, but in March of 1856, a treaty was signed and troops began returning home. Many of them left unpaid debts, and Mary could no longer sell her supplies, so she and her business partner were forced to return home to London and declare bankruptcy. When that news got out, the soldiers she’d cared for rallied to her aid, donating money to help pay her debts. Although Mary tried to continue serving soldiers in warzones, the government never recognized her and in the end, only her homeland of Jamaica remembered her contributions after her death. In the 2000s, her story came back to light in the United Kingdom and she was recognized in 2004 as the Greatest Black Briton.

QotD: Some positive aspects of the Great Depression

Filed under: Food, History, Quotations, Technology, USA — Tags: , , — Nicholas @ 01:00

… one fascinating thread about the Depression era in American food is the hunger, the poverty, the disruption to American households. But even at the height of the Depression, when a quarter of the workforce was unemployed, most people were not on relief, and most were not suffering malnutrition. Those people were, however, seeing some pretty remarkable transformation in how they produced, purchased and consumed food.

  • The tractor. Between 1930 and 1940, despite the fact that credit had dried up and farms were failing left and right, tractors became the majority of the horsepower available on American farms. Tractor technology itself improved during the decade, but the most remarkable advance was simply the number of draft animals who were replaced. This had far-reaching effects on American farms: It meant that more land could be put into cash crops or pasturage for food animals (because an enormous amount of available land had previously been needed simply to grow food to feed the draft animals). It increased the amount that a farmer could produce. It also meant that farmers were more exposed to market forces; you cannot grow diesel fuel on a spare field, and two amorous tractors do not make a new tractor every spring. And the capital required to buy a tractor favored larger farms, one of the first steps along the road to modern agribusiness.
  • The supermarket. The grocery store as we now know it — with open shelves where the customers gather their own goods — is a relatively recent innovation. A&P, generally regarded as the first modern grocery chain, entered the 1930s well-positioned to benefit from the Depression, because it had financed expansion out of retained earnings rather than debt. Its ability to offer low prices through bulk purchasing, low labor costs and good logistics helped it to grow even as other stores were failing. Naturally this triggered a backlash, culminating in some rather exciting legislative battles in Congress, and a law, the Robinson-Patman Act, that is still on the books today.
  • Commodity markets. Like stock exchanges, commodity markets — where things got a little hairy when farm prices collapsed — got a big new regulatory bill in the mid-1930s, the Commodity Futures Act. Even if you don’t care about commodity exchanges — and you should! — it’s worth knowing that there’s always something crazy going on when people are trading commodities.
  • Farm policy. The New Deal programs designed to deal with the crisis in American agriculture had vast and enduring effects on the nation’s food supply, changing how people farmed, what they grew and how they got paid for it.
  • Frozen food. Don’t sniff. Yes, frozen vegetables are not as good as vegetables picked at the peak of freshness and taken straight to your table from the garden or farmer’s market. This is the wrong comparison. What frozen vegetables and fish replaced was the usually inferior alternatives like canning, drying or salt-preserving, because most people could not afford to get fresh produce from a hothouse or a farm thousands of miles away. When General Foods debuted the Birds Eye line, it became possible for people to have tasty vegetables out of season or out of region at a reasonable price.
  • The refrigerator. There were other technologies that made inroads during the decade thanks to falling prices, improving design and rural electrification. The waffle iron and the toaster, among others, probably deserve at least a glancing mention, as does the electric range. But indisputable pride of place goes to the refrigerator, which had penetrated 20 percent of American homes by 1932, and 50 percent by 1938. That bears a second look: In the depths of the Great Depression, people are purchasing a major expensive appliance, which suggests just how great refrigerators are. The early models were primitive, but still represented an order-of-magnitude improvement over the icebox, which couldn’t maintain an even temperature, couldn’t freeze anything, and had to have its drain periodically scrubbed with a wire brush to get rid of the disgusting accumulation of green slime. The refrigerator was complementary to other developments, like the supermarket and the frozen food case, allowing less frequent marketing and a wider variety of temperature-sensitive foods.
  • Nutrition science. This almost always gets attention in histories of the era; most of that attention is not very nice. Yes, the concoctions that home economists came up with look awful to the modern eye. (I, for one, never want to find out what “cornstarch pudding” tastes like.) Yes, they got a bunch of stuff wrong. Yes, they were a little overintoxicated with idea of scientifically managing every aspect of human life, leaving no room for small matters such as, erm, flavor. But they were also coming out of an era when people frequently died of food-borne illness, or were permanently debilitated by vitamin deficiencies. And modern writers give far too little credit to the constraints that home economists were working under. Until the 1960s, just making sure you had enough calories on the table was a major part of the American household budget. Limited food supply chains did not offer the rich array of exotic ingredients we now take for granted, and cooking was something that every woman had to do a lot of, even if she had no interest or skill for the task. Providing calories with limited means (and limited cooks) took precedence over learning how to concoct the perfect pot-au-feu. The innovators who tackled these challenges did some harm, but they also did a fair amount of good, and they deserve better than the amused condescension they usually get.
  • Convenience foods. Obviously, the development of convenience foods was not limited to the 1930s. We got powdered gelatin, which is to my mind the first major convenience food, in the late 19th century; cake mixes, invented in the 1930s, properly belong to the 1940s as a mass phenomenon. But the 1930s had some notable contributions: Jiffy Biscuit Mix and Bisquick, refrigerator rolls, dry soup mix, and of course, that notorious old standby, Campbell’s cream of mushroom soup. For good or for ill, these things transformed American cookery.

We often think of these developments narrowly: A tractor can plow a few more furrows, a refrigerator lets you keep food a little longer, a biscuit mix lets you have bread on the table 30 percent faster. But these sorts of changes are not just shifts in degree, but changes in kind. The tractor changed not just how fast a farmer could work, but the kinds of work he could do; the supermarket and the frozen pea and the refrigerator worked in concert to revolutionize what a housewife could do, how she could do it, and therefore, what other things she could do with the time and energy she had freed up.

And all of these things, working in concert, made radical alterations to the kind and amount of food that we put into our mouths. The Great Depression left a lot of lasting legacies on the American landscape. But the most ubiquitous, and perhaps least noticed, is the way we eat.

Megan McArdle, “The Depression Was Great for the American Kitchen”, Bloomberg View, 2016-09-23.

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