Are You Sure About That?

The employer says that it would constitute, wait for it, a taking. If they cannot sue the union for damage to property. And again, this argument would mean that Congress could not regulate the concerted activity or otherwise protect it because it involves property. So again, welcome to the Lochner era. It's 1905 up in this piece. I love it. Except Lochner via the takings as opposed to the due process clause. We can do it. Essentially indistinguishable.