The Supreme Court’s ruling this week in Knox v. Service Employees International Union is one of the most brazen of the Roberts court. It shows how defiantly the five justices act in advancing the aggressive conservatism of their majority on the court.
The court’s moderate liberals were rightly dismayed by the majority’s willingness to breach court rules in pursuit of its agenda. ...For the first time and on its own initiative, the court mandated an opt-in requirement. ...NYT editorial
There's that word "mandate" again. I don't think we've seen more than the tip of the iceberg here. The politicization of the Supreme Court is probably in early days still. You can almost hear Kagan or Ginsburg saying, "You can't do that!" and Roberts responding, "We just did!"
The conservative majority strode into the center of the bitter debate about right-to-work laws preventing unions in 23 states from requiring nonmembers to pay any union expenses, including those supporting collective bargaining that benefits nonmembers. It used this narrow case to insert itself into that political controversy when there was no reason to do so. ...NYT
Excerpts from comments on the editorial:
Contrast, as well, the sweeping First Amendment rights accorded by the Roberts Court to corporations in the Citizens United decision, to the restriction of the First Amendment rights of trade unions in the new Knox ruling. ... "All animals are equal, but some animals are more equal than others." ANetliner, DC
The Court has no power except moral authority -- that the other two branches and the electorate respect it. The Court has for two centuries been conscious of that, and has worked steadily to build that. It started with staking out the position in Marbury v Madison, creating judicial review at the beginning of the Republic, an idea not actually spelled out in the Constitution.
This conduct undermines the only thing the Court has. This conduct invites the other two branches to challenge or defy the Court. This conduct invites the electorate to let that happen. ...Mark Thomason, MI