In more than a dozen states in recent years, governors, legislators or both have arranged through law or regulation to install unions to represent the fast-growing ranks of home health and child care workers, who in many instances are family members receiving a state stipend for looking after their own loved ones. In Harris v. Quinn, a five-member majority of the U.S. Supreme Court ruled that it violates the First Amendment rights of these recipients to require them to pay dues to a union of whose views and activities they may not approve. It did not alter — for now, at least — the 1977 Abood precedent under which full-fledged public workers can be required to pay such dues, instead recognizing a new category of “partial public employees.”
I explore some of the implications in this Cato podcast with interviewer Caleb Brown. Earlier on Harris v. Quinn here.
P.S. A tip-off from SCOTUS on where it intends to take Harris logic? One view from the Left [In These Times] Ruling is rebuke to various governors, including Maryland’s Martin O’Malley, who have employed executive orders to unionize home health carers [Marc Kilmer, MPPI; related, George Leef] Eugene Volokh dissents on the underlying “bedrock” First Amendment issue [Volokh Conspiracy] Will a teacher’s case called Friedrich v. CTA be the vehicle for revisiting Abood? [Jason Bedrick, Cato] And some clues that the first draft of Harris v. Quinn might have overturned Abood, before the majority reconsidered and pulled back [Jack Goldsmith, Sachs, Homer, at On Labor]
Eight of the twelve most affluent counties in the United States are in the Washington, D.C. area, and high among them stands Howard County, Maryland (Columbia/Ellicott City), where the celebrations tomorrow will be a bit constrained:
Some find it a damper on the festivities to bring Howard County’s Fourth of July fireworks into compliance with County Executive Ken Ulman’s December 2012 edict sharply restricting the sale of sweet beverages and high-calorie snack food at county-sponsored events. Under the regulations, which are “the first and only of their kind in the state,” at least “50 percent of packaged food offered at county events must contain 200 calories or less per portion”; prepared food, such as funnel cakes and soft-serve ice cream, is not covered. [Baltimore Sun via Quinton Report] The rules exempt the county’s “Wine in the Woods” event, held each May.
Whether or not the policy mirrors the preferences of voters in Howard County (and who knows, it might), it serves the function of affluence signaling in the conspicuously prosperous county. One reason families pay a premium to move to a county like Howard is the implicit promise that their kids will grow up with plenty of worldly, educated, skinny role models and that the government is not going to be run in line with the wishes of poorer or lower-status residents. Message sent!
[adapted from my Free State Notes blog]
The group Save Farm Families is doing a nonfiction film (link to trailer) about the Hudson Farm case, in which Robert F. Kennedy Jr.’s Waterkeeper group, backed by a University of Maryland environmental law clinic, sued an Eastern Shore chicken farming family on charges a judge later threw out as unfounded. More at my local policy blog Free State Notes.
The Chamber has been tracking this major engine of contingency-fee litigation as it jumps from federal practice to the realm of similar state laws vigorously lobbied for by the plaintiff’s bar. I have an opinion piece in the Baltimore Business Journal on the Maryland version, which 1) nearly passed this year, 2) would go further than the federal law in some vital respects, and 3) has become an issue in a closely watched primary contest.
The state legislature adjourned last week having abandoned a threat to seize the hit TV show “House of Cards” through the use of eminent domain, with negotiations over the extent of tax subsidies to the show still hanging in part. I’ve got an update at Cato, with specific attention to the use of eminent domain to confiscate moveable and intangible assets, as opposed to land; in earlier episodes, Maryland has gone after the Baltimore Colts football team (which escaped) and the Preakness horse race (which agreed to stay).
Kind of like Venezuela with Old Bay seasoning: “Responding to a threat that the “House of Cards” television series may leave Maryland if it doesn’t get more tax credits, the House of Delegates adopted budget language Thursday requiring the state to seize the production company’s property if it stops filming in the state. … Del. William Frick, a Montgomery County Democrat, proposed the provision, which orders the state to use the right of eminent domain to buy or condemn the property of any company that has claimed $10 million or more credits against the state income tax. The provision would appear to apply only to the Netflix series, which has gotten the bulk of the state credits.” [Baltimore Sun, Washington Post, earlier citing David Boaz]
One would think the whole concept of the union-backed “correctional officers’ bill of rights” might have been thrown into disrepute by last year’s Maryland scandal, in which the statute was found to have entrenched problem guards even as the Baltimore jail descended into a scandalous state of gang-run corruption. But apparently not: the Pennsylvania House has unanimously (!) voted in favor of having that state adopt its own such “bill of rights,” weakening administrators’ power to investigate possible officer misconduct. Details of H.B. 976 here.