"Not That Bad" is Still Bad!
Strict Scrutiny
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The Amicus Brief and the Court's Decision on Labor Law Preemption
Daskapi de Lito: We've needed a black woman on this court for a while. I'm excited about that whether she's joined in them or not, I think she's just going to pen some unbelievable and amazing dissent. The thing that was struck me that is not discussed in here at all is that labor law preemption is good and bad for employers and employees. And in the course of inappropriately weighing in on the merits of those questions at this stage, the majority also misapplies the board's cases in a manner that threatens to both impede the board's uniform development of labor law and erode the right to strike. End quote.
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