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"Not That Bad" is Still Bad!
Strict Scrutiny
The Impact of the Court's Rationing on the Union's Strike
Jenny Burleigh: There are aspects of the court's reasoning that suggests maybe a motivated court could apply this purportedly fact-bound analysis to allow suits against other unions as well. She says she doesn't think it will put an end to strikes, just to say that upfront. But I do think that this will have a chilling effect on union calculus about whether and how to strike going forward.Burleigh: A lot of factors that Justice Barrett cited as being evidence that the union wasn't taking care are just decisions that a union would reasonably make to make their strikes stronger.
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