4min chapter

Strict Scrutiny cover image

Busting Unions and Dodging Opinions

Strict Scrutiny

CHAPTER

Is There a Strategy to Prevent the Loss of the Oil Strike?

LZ Granderson: The focus on intent is wrong because workers unions do things all the time intentionally to maximize economic harm. LZ: If you think those are narrower approaches, maybe ask the union or the federal government if they were narrower approaches in this case. He says Justice Sotomayor was trying to get the union to agree that they hadn't introduced contrary faith and tried to argue that they had taken reasonable precautions. lz: One other thing I found really dispiriting about the argument was that the Biden Justice Department was not exactly robustly defending this union or even its NLRB.

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