Supreme Court Justice Antonin Scalia could have ridden to the rescue of public employee unions in Harris vs. Quinn, the important labor rights case the Court decided Monday, as some scholars thought he might. But he didn’t.
“The dicta in Harris about Abood is serious, and it shows that some number of Justices would like to overturn Abood,” writes Benjamin Sachs, a labor law expert at Harvard Law School. In other words, there might be a plurality to overturn Abood, but not a majority. Sounds like a hairsbreadth escape for Abood, this time.