5min chapter

Strict Scrutiny cover image

Busting Unions and Dodging Opinions

Strict Scrutiny

CHAPTER

The State Guard Isn't Subject to the Federal Labor Relations Authority

Justice Sotomayor surfaced how Ohio's rule could actually affect the substantive rights and protections that workers in, you know, National Guards have. Justice Kagan also neatly explained why Ohio's argument is wrong as a matter of statutory interpretation. So then the question becomes, so who's supposed to be sitting across the collective bargaining table with them? And I guess the question is, what would that scheme look like?

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