The Supreme Court’s Five ‘Black-Robed Rulers’

The Supreme Court’s Five ‘Black-Robed Rulers’

The Supreme Court’s Five ‘Black-Robed Rulers’

In a time of deep polarization, the lawless majority of the Court has chosen to side with the powerful few against the vast majority.

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EDITOR’S NOTE: Each week we cross-post an excerpt from Katrina vanden Heuvel’s column at the WashingtonPost.com. Read the full text of Katrina’s column here.

The 5-to-4 decision by the Supreme Court in Janus v. AFSCME is another stain on the Court’s spotted history. That June 27 ruling culminates the decades-long corporate assault on workers with a shameless display of right-wing judicial lawlessness.

In the decision, the Court’s five conservative justices invoke the First Amendment to prohibit unions representing public employees from collecting an agency fee for the cost of bargaining on behalf of workers who benefit from that bargaining but choose not to join the union. In doing so, they trampled the will of elected state legislatures and 40 years of precedent. Contrary to the Court’s claim, the case has nothing to do with individual workers’ free speech. Every worker is free to speak or organize as they choose. The Court isn’t protecting speech; it is protecting free riders, allowing workers to benefit from collective bargaining and representation without paying a fair share for its costs.

The ruling doesn’t empower workers; it weakens their voice and constricts their ability to organize at the workplace, in communities and in the public arena. This doesn’t protect speech; it just undermines public-employee unions. As The Intercept’s Lee Fang and Nick Surgey report, a gaggle of right-wing think tanks—coordinated by the State Policy Network and supported by the Koch brothers and a passel of big corporations—is gearing up a 22-state strategy to encourage workers to withhold paying their fees, in hopes of weakening and even decertifying unions.

Read the full text of Katrina’s column here.

We cannot back down

We now confront a second Trump presidency.

There’s not a moment to lose. We must harness our fears, our grief, and yes, our anger, to resist the dangerous policies Donald Trump will unleash on our country. We rededicate ourselves to our role as journalists and writers of principle and conscience.

Today, we also steel ourselves for the fight ahead. It will demand a fearless spirit, an informed mind, wise analysis, and humane resistance. We face the enactment of Project 2025, a far-right supreme court, political authoritarianism, increasing inequality and record homelessness, a looming climate crisis, and conflicts abroad. The Nation will expose and propose, nurture investigative reporting, and stand together as a community to keep hope and possibility alive. The Nation’s work will continue—as it has in good and not-so-good times—to develop alternative ideas and visions, to deepen our mission of truth-telling and deep reporting, and to further solidarity in a nation divided.

Armed with a remarkable 160 years of bold, independent journalism, our mandate today remains the same as when abolitionists first founded The Nation—to uphold the principles of democracy and freedom, serve as a beacon through the darkest days of resistance, and to envision and struggle for a brighter future.

The day is dark, the forces arrayed are tenacious, but as the late Nation editorial board member Toni Morrison wrote “No! This is precisely the time when artists go to work. There is no time for despair, no place for self-pity, no need for silence, no room for fear. We speak, we write, we do language. That is how civilizations heal.”

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Onwards,

Katrina vanden Heuvel
Editorial Director and Publisher, The Nation

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