Busting Unions and Dodging Opinions
Strict Scrutiny
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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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