“We’re All In This Together”
The Trans-Pacific Partnership (TPP) has provisions that allow corporations to sue governments for laws and regulations that limit profits. The cases bypass national court systems and are heard by “corporate courts” with the governments allowed no appeal. These investor-state dispute settlement (ISDS) provisions are also in trade agreements like the North American Free Trade Agreement.
When fast-track trade promotion authority was being debated, people like Sen. Elizabeth Warren raised warning flags about the ISDS provisions in TPP.
[. . .] In her letter, Warren raises concerns that the deal could include provisions that would allow foreign companies to challenge U.S. policies before a judicial panel outside the domestic legal system, increasing exposure of American taxpayers to potential damages.
After a decades-long effort to place ideologically committed “movement” members in the judicial branch of government, funded by extremely wealthy individuals and their corporations, it looks like the resulting corporate/conservative wing of the Supreme Court is ready to make a ruling that would bankrupt public-employee unions. And clearly already-decimated private-sector unions will be the next target.
The Supreme Court heard oral arguments Monday in the case of Friedrichs v. California Teachers Association. In this case the Court is asked to overturn a unanimous 1977 decision that said public-employee unions can charge nonmembers a fee to cover the cost of the services the unions are required by law to provide those nonmembers. The fee does not cover political activities of the union, only the cost of services the unions must, by law, provide.
If the corporate/billionaire class gets its way – and it looks like it will – the terrible inequality you see in the country today is nothing compared to what’s coming. Having grabbed all the income gains since the recession, having wiped out the middle class, having pushed so much to the top that a few families now have more wealth than all of the rest of us combined, now the corporate/billionaire class is coming after the rest of the money in the economy.
“Governor Snyder’s actions are a perfect portrayal of Republican priorities: they let diseases spread, they permit trains to crash, and now they are telling parents to watch their children suffer. All of this in the name of the almighty dollar,” said Agenda Project’s President Erik Altieri, “It is a disgusting, yet totally expected move from this, quite literally, toxic political party.”
Michigan Republican Governor Rick Snyder was following the Republican mantra of “all budget cuts are good cuts” when he broke Flint away from Detroit’s water system in 2014 to save an estimated $15 million a year. He pursued this plan while ignoring reports that showed Flint’s river water was contaminated with lead and unsafe for drinking. But, like any “good” Republican, the governor decided that the risk of poisoning an entire city was a small price to pay in order to save some money.
The Supreme Court has once again decided to reconsider “settled law.” This time it is a case involving the rights of public-employee unions to charge employees a fee for the services the unions are required by law to provide to all employees – even those who are not members of the union. The goal is to bankrupt the unions by denying them the funds necessary to perform the required services.
The argument is that since unions protect working people’s pay and rights, paying fees for union services therefore violates the “free speech” of those who support concentrated wealth and power.
This case is going to be argued before the Supreme Court on Monday. Here’s why you need to pay attention.
Payment For Services Unions Are Required By Law To Provide
When a public-employee union negotiates a contract, even employees who are not union-members get the pay increases, sick pay, vacation pay, union services and other benefits of the contract. Union services include the cost of collective bargaining, administering the resulting contract, and representing employees who have grievances under the contract.
Currently, unions are required by law to provide these services to every employee covered by a union contract, even if those employees are not union members. So, the unions charge an “agency fee” to those non-union employees to cover the costs.
Public-Employee Unions Support Communities, Not Just The Workers
Public-employee unions, by their nature, fight for the interests not just of employees but of the entire community. On a Wednesday call about the implications of the Freidrichs case, members of public-employee unions described how their unions help them serve the whole community.
Vincent Variale, a New York Fire Department EMS lieutenant and 9/11 first responder, said it is important for first responders to have a voice at the table, because they fight for preventive safety regulations, good equipment and adequate staffing levels.
For example, he said that on 9/11 they had no respirators, so it was hard to provide medical care as needed. His union local brought these concerns to the fire department and fought to get better equipment. Now they have respirators and protective equipment that allows them to work in harsh environments, like building collapses, providing medical care that is needed. And now that there is such a concern about “active shooters,” the union is proactively trying to get bulletproof vests. This demonstrates how unions protect the citizens their members serve.
Pankaj Sharma, a high school teacher in Illinois, talked about how his union works to stop cuts to the most marginalized and at-risk students. Special education, for example, is an expensive program and is often a target for cuts. The union fights this. The union also advocates for referendums to get high quality facilities. Because teaching has a high turnover rate, the union created a mentoring program to help keep teachers. This helps school districts and the students.
Coming Soon: Not Just Public Employees
In 2014 the Court ruled 5-4 that the First Amendment prohibited unions from collecting a fee from home health care providers who are not members of the union, even though the union was required to provide services.
Because of the makeup of the Court it is likely to rule in Freidrichs that nonmembers no longer have to pay those fees while the unions will still be required to provide those services. (Why else would the Court have taken this case?)
These cases are about public employees, but undoubtedly all of this is intended to lead also to attacking the same requirements for private-employee unions. This is about making every state a “right-to-work” state, and suppressing unions and wages.
Corporate Conservative Court Is Reconsidering Supposedly “Settled” Cases
In 1977’s Abood v. Detroit Board of Education, the Supreme Court unanimously ruled that public-employee unions can charge this fee. So for decades this has been considered to be “settled law.”
But now the Supreme Court has a majority of members who made their way to the court with corporate-funded conservative backing. So the court is systematically reversing older “settled” cases that affect corporations, workers rights, and other elements of conservative ideology like voting rights and womens’ rights.
This time the conservatives on the Court are reconsidering the unanimously and four-decade-settled Abood decision. The case the Court is using to accomplish this is Friedrichs v. California Teachers Association. The court is going to decide if non-union public employees will still be required to pay for the services unions required by law to provide them. All bets are that it will be another 5-4 decisions in favor of the corporate-conservative position.
The “Free Speech” Argument
The argument being used this time is that making people pay for services they receive, even when those services are required by law, violates their “freedom of speech.” This is said to be about “speech” because unions represent working people, enabling them to band together and collectively bargain, and thereby confront those with concentrated wealth and power on a more level playing field. Therefore, by their very nature, unions are engaging in “political activity,” and making people pay for the services unions provide is “unconstitutionally compelled political speech.”
In other words, because unions engage in the activity of fighting for better wages, rights, and protection, therefore the “rights” of those who would deny people those things are put at risk if unions are funded. Assisting unions in this mission by paying this fee thereby violates the free speech of those who support concentrated wealth and power.
We The People vs Concentrated Wealth And Power
The current majority of the Supreme Court was brought to its position with funding and backing of those on that other side – corporate-funded conservatives. These are the “people” whose “free speech rights” the Court says are being violated if unions receive funds enabling them to represent working people. These corporations are also the “people” who the Court ruled are allowed to put unlimited money into our elections because of “free speech.”
The Supreme Court repeatedly takes the position that anything that protects working people and regular citizens from concentrated wealth and power is by its very nature “political advocacy” and therefore violates the “free speech” of those few with concentrated wealth and power.
But the United States of America was founded by We the People – all of us “created equal” – with the purpose of banding together to protect ourselves and secure our liberty from concentrated wealth and power. This Supreme Court is consistently issuing 5-4 rulings that go against the very reasons our country was founded and our Constitution was written.
As the Supreme Court hears this case on Monday, that day will mark the beginning of a week of action to ensure that the public is aware of what’s at stake: the ability of workers to stand up for themselves and for the people they serve. Please visit America Works Together – a coalition of working people and their allies, working people like teachers, nurses, firefighters, and other public service workers who are passionate about our work, and learn more about what you can do during the week of action.
Everyone understands that our (and the world’s) economy is underperforming. While U.S. unemployment is down, people are finding jobs that underpay and/or don’t provide enough hours. Regular people just don’t have enough to get by – never mind enough to drive consumer economies. The lack of pay causes a drop in consumer demand, which leads to economic malaise.
Economist Joseph Stiglitz puts it clearly: “The only cure for the world’s malaise is an increase in aggregate demand.”
There’s just no way around it: the Democrats are intentionally hiding their presidential candidates from the public.
The last Democratic presidential debate was buried on a Saturday night up against the opening of Star Wars. Naturally it drew a fraction of earlier Republican debate audiences – and even of the earlier Democratic debates. The next debate is scheduled, astonishingly, on a Sunday night, January 17, the middle day of a three-day weekend. But just in case that might still draw an audience, it is also up against NFL playoff games. What is going on?
Partly as a result of this scheduling, Republican presidential candidates and their campaign proposals dominate the news and therefore the public’s attention. But the Republican candidates are not addressing the country’s many problems or offering serious proposals for solving them. Banning certain religions? Even more tax cuts for the rich and their corporations? Unleashing oil companies? More guns? What?
Meanwhile Democrats, with superior candidates and serious proposals for actually addressing our problems, are barely part of the national discussion. Is the pubic hearing about the need for infrastructure investment? No. Is the public hearing about the need to expand Social Security? No. These are winning proposals, but the debate schedule is keeping the public from hearing them. It’s as if the leadership of the Democratic party wants to lose the coming election.
John Nichols at The Nation sums it up well, in “Resolution for 2016: Let’s Have Lots More Presidential Debates“:
That’s bad for the Democratic Party and its candidates. It’s also bad for a body politic that requires more than the junk-food diet offered up by Donald Trump and most of his fellow contenders for the Republican presidential nod.
What is going on? Why are the Democrats hiding their presidential candidates and potentially sabotaging their 2016 election prospects?
Democrats should demand that the Democratic National Committee schedule several more debates and schedule them at times when most people can and will watch.
From The Guardian, David Graeber: debt and what the government doesn’t want you to know – video
There is one taboo of economics that the government is hiding from the public, argues David Graeber: it is the fact that if the government balances its books, it becomes impossible for the private sector to do the same. And, he claims, this inevitable debt often gets landed on those in society least able to pay it back
“Make America Great Again”
Seriously, I can’t tell if this is a Trump supporter or a parody.
It might not seem so in the middle of a day’s news cycle, especially with that news always being about Donald Trump, but 2015 marked a year of change in a progressive direction. And the country is solidly behind this move.
Progressive Victories In 2015
The country is moving in a progressive direction. In November, OurFuture.org’s Terrance Heath wrote in Progressive Victories from Maine to Washington Inspire Hope,
Off-year elections are almost never good for progressives, and 2015 is no exception. But this off-year election held some surprising victories for progressives in Maine, Ohio, Washington and elsewhere that could lay the foundation for more victories to come.
Happy Holidays from the Johnsons:
The back of the card:
Published by Sudeep Johnson
Doggie Paw Cards, Inc.
Many thanks to Paddington the little white dog, without whom this card would not have been possible.
Here is last year’s: Holiday Card From The Johnsons. (That card has a link to the previous year’s, etc…)