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« Should Progressives Oppose Obama? | Main | Praetorian Politics and Democratic Uprisings in the Middle East »

06/21/2012

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Michael Duff

I agree substantially with the view that the decision is nakedly political. George Schatzki (ASU) has made the argument that judges never have and never will embrace an active labor movement. "The members of the Supreme Court . . . will consistently decide 'close' cases involving the labor movement in a manner that is not satisfactory to it." On the other hand, I believe passionately that the moment labor awakens and roars decisions will move in the other direction. Labor law in this country has almost always been about expediency rather than morality. It has been about the preservation of industrial peace. Hence, peace, no justice.

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