🚨Slate management is trying to slash our cost of living adjustments, which are already lower than industry standards. To demand these cuts in the midst of inflation and a pandemic is an insult. We'd appreciate your solidarity and support as we fight for a fair contract.
Thanks to Slate's union, our staff had a safety net in place throughout the pandemic. But now management wants to weaken or repeal the guarantees that helped us get through rocky times. We're being told we don't deserve the protections that we thought we had already won.
Management has also refused to give us more than ten weeks' parental leave—two weeks less than what *Donald Trump* gave federal employees, and far below industry standards. I agree with this excellent Slate article: Ten weeks is an affront to new parents. slate.com/human-interest…
We've made many compromises and concessions already. But we will not let management slash junior staffers' cost of living adjustments, or keep their salary floors offensively low. I'll have some action items soon; for now, we're only asking for your solidarity! ✊
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NEW: The Supreme Court will hear oral arguments in the challenges to Biden’s employer vaccine mandate and CMS vaccine mandate on Jan. 7.
The justices are very obviously backing away from their aggressive use of the shadow docket, putting the vaccine mandate cases on their rocket docket instead. That means full briefing, oral argument, and a real opinion, rather than an unsigned midnight order.
The employer mandate requires businesses with 100+ workers to impose a rule compelling either vaccination or weekly testing. The CMS mandate requires nearly all health care workers to get vaccinated.
SCOTUS may block both; I think the CMS mandate has a better chance of survival.
The Supreme Court takes up three new cases: one about sovereign immunity, one about arbitration, and one about trains.
The arbitration case worries me—it's Paul Clement's effort to crush Private Attorneys General Act workarounds to mandatory arbitration. supremecourt.gov/DocketPDF/20/2…
Basically, after the Supreme Court barred states from limiting mandatory arbitration and class action waivers outright, some blue states passed Private Attorneys General Acts (PAGAs) to let plaintiffs file "representational litigation" on behalf of the state—a neat workaround.
Thanks to Private Attorneys General Acts, employees forced to accept mandatory arbitration and class action waivers can step into the state's shoes to file a "representative" lawsuit on behalf of themselves and other wronged employees.
NEW: The Supreme Court refuses to block a New York regulation requiring health care workers to get the COVID vaccine with no religious exemptions. Thomas, Alito, and Gorsuch dissent.
Here is Gorsuch's furious dissent, which compares vaccine mandates to laws forcing public school students to recite the pledge of allegiance. documentcloud.org/documents/2115…
(Housekeeping: There were two challenges to New York's vaccine mandate; today, the Supreme Court turned away both of them. Thomas, Alito, and Gorsuch dissented from both orders. Gorsuch filed a written dissent in the second case, Dr. A v. Hochul.)
This is a really important point. Critics of the "administrative state" and executive power rarely acknowledge that the filibuster contributes to both phenomena. The president and executive agencies must fill in more and more gaps in the law because a paralyzed Congress cannot.
There is a lot of agreement between conservative-libertarian types and progressives that the executive branch has amassed too much power. But without filibuster reform, very little substantive legislation can pass the Senate, so power continues to flow to the executive.
The current arrangement is very favorable to our Republican-dominated federal judiciary, though, because judges can block executive actions and agency rules then say "sorry, Congress has to do this," knowing full well Congress will never do it. A neat system we've set up.
BREAKING: The Supreme Court allows Texas abortion providers to sue the state's "executive licensing officials" to block S.B. 8, the state's six-week abortion ban. The federal lawsuit can proceed. supremecourt.gov/opinions/21pdf…
Separately, the Supreme Court dismisses (as improvidently granted) the Justice Department's challenge to S.B. 8 on behalf of the United States. Only Sotomayor dissents. supremecourt.gov/opinions/21pdf…
The Supreme Court divides 4–1–4:
Gorsuch, Alito, Barrett, Kavanaugh: Providers can sue executive licensing officials.
Thomas: Providers can't sue at all.
Roberts, Breyer, Sotomayor, Kagan: Providers can sue licensing officials, the TX AG, and state court clerks.
Today the Supreme Court will hear Carson v. Makin. The plaintiffs seek to force Maine into subsidizing the religious indoctrination of children in the name of "religious liberty." If successful, Mainers will be financing Christian schools like these. slate.com/news-and-polit…
The plaintiffs argue that Maine "discriminates on the basis of religion" by declining to spend taxpayer dollars on Christian education that includes hateful propaganda about religious minorities and LGBTQ people. The Supreme Court will likely agree. slate.com/news-and-polit…
As a result, Mainers who vehemently disagree with fundamentalist Christian values will be compelled to underwrite schools that inculcate these values in children. Muslims, Jews, atheists, liberal Christians, LGBTQ people: Their rights just don't matter. slate.com/news-and-polit…