Opinion in TCash101 v. Southeast (user search)
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  Opinion in TCash101 v. Southeast (search mode)
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Author Topic: Opinion in TCash101 v. Southeast  (Read 4554 times)
TomC
TCash101
Junior Chimp
*****
Posts: 6,976


« on: July 18, 2006, 12:31:40 PM »

I agree with Preston and Jcar that this is not a sound decision and puts our enumerated rights at risk. However, I was quite aware that Emsworth authored the Liberty of Contract Initiative, and I did not ask him to recuse himself from the case; I did ask that he not submit testimony as to the intent to or interpretation of The L of C initiative if he intended on writing the opinion.

I thank the Justices for their time.
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TomC
TCash101
Junior Chimp
*****
Posts: 6,976


« Reply #1 on: July 18, 2006, 10:19:01 PM »
« Edited: July 18, 2006, 10:26:29 PM by TCash101 »

Geez, what whining crybabies.  It's kind-of-obvious this decision was the correct, narrow ruling.

I don't see anybody quitting his post or deregistering over it. With all due respect, Sam, you've had your fair share of griping.
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TomC
TCash101
Junior Chimp
*****
Posts: 6,976


« Reply #2 on: July 19, 2006, 09:35:27 AM »
« Edited: July 19, 2006, 09:49:20 AM by TCash101 »

For a company to deny any individual employment on the basis of their union membership, or not, is clearly an affront that on that individual's rights to be a member of, or not be a member, of a labor union

One could also say that for the government to deny an employers' right to discriminate against persons on the basis of membership in a union is clearly an affront on his right to run his business as he sees fit.

And this argument could be used against the setting of a minimum wage as well- that it is an affront on a businessman's right to run his business- and set wages- as he sees fit. (It also undermines an employee's right to negotiate wages and set them low to be more competitive, which seems silly but happens every day in the U.S. and elsewhere) But I'm not sure where the "right to run his business as he sees fit" emanates from- is it the "life, liberty, and property" clause? Several examples in the case argument thread seem to imply so, but I don't see that having the right to own property is synonymous with having the right to use that property to become an employer- I'm not saying that right doesn't exist, but it's just not inherent in the "life, liberty, and property" clause. In real life, there is no absolute right to run a business- you must get a license, granted by a government, and by getting that license you agree to certain standards of conduct- much like you agree to certain standards of conduct when you get a driver's license.
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