We have a lot of in between courts -- think trial courts in 50 states; think West Coast liberal appeal courts.
They tried to use RICO on prolife demonstrators. Prolife only got away because they did not seek any economic gain. One of the USSC dissenters (Stevens?) argued that prolife took the power to operate their business from the clinics and gained it for themselves. This may be a very stretchable drum skin -- very straight forward criminal law that can't easily be ducked -- even if nobody thought to do it up to now; everyone trasfixed on the ONE-DIMENSIONAL legality of firing a non-contract worker.
Even if it all dies at USSC the flurry of cases across country must change the CULTURE -- waking sleeping Americans to the UNDEMOCRATIC REALITY they have descended into economically AND politically via creeping de-unionization; to their current desperately helpless condition.
BTW; While I'm not looking forward to locking up half the business owners in the country or all the union busting consultants; once the first guiltys come down the consultants will run for the hills as the fines come down -- wont want to chance it until it settles out. Businesses the same. Matter of fact, once the first cases go to court -- probably one word gets around that cases MIGHT go to court -- the same should run for the hills til they see what happens.
Meantime labor may be able to organize with impunity so that by the time the cases make USSC it's too late: we're all organized! :-O
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Teamsters Union motto: "Greed is good (for us too).
Teamsters' song (hope Mad Magazine's copyright, circa 1960, has run out):
Over hill, over dale, we will hit the union trail;
As the Teamsters go rolling along;
And it's high, high, hey when we want a raise in pay;
we shout out our grievance loud and strong!
Obamacare that leaves tens of millions out -- too expensive for too many;
General support for some kind of minimum wage hike (min now several dollars below 1968 -- double per capita income later!)
Hang on to SS, Medicare, Medicaid;
Hang on to Dodd-Frank;
Nothing to do about the defining economic -- and political -- pathology of de-unionization.
Nothing to wake voters out of their deep sleep and rouse them to the polls.
How about selling:
$15 an hour min wage (45% of workforce gets raise -- only 3.5% shift of GDP);
Push some version of single-payer -- or perhaps just the intention to work out or at least work on some version of single-payer like Obama worked on Ocare (squeezed most out of political lemon: told industries they are either at the table or the meal; promised more business to pay for lower costs);
Face up to core task of re-unionization in concrete way -- how about sicking RICO on union busters: arguable; and while the arguments go on in court, hopefully, the busters will run for the hills, not wanting to pile up anymore liabilities while waiting for rulings to come down, while we organize the country out from under them, too late for them whatever the rulings. Just one idea. Where are the others? Must do in any case: centralized bargaining (one labor contract with different similar firms) the only way to end the race-to-the-bottom, unionized or not.
Need a (non-paltry) party that can actually get our lives back.