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Mark Joseph Stern @mjs_DC
, 5 tweets, 3 min read Read on Twitter
An awful 5–4 decision in Epic Systems, written by Gorsuch, lets employers force their workers to sign agreements that shunt them into one-on-one arbitration, wiping out their ability to sue in federal court collectively. A massive blow to class actions. supremecourt.gov/opinions/17pdf…
Hard to overstate how devastating this decision is to workers, and how far it strays from the law in question. Gorsuch uses the FAA's penumbras and emanations to suppress workers' right to sue collectively. An astonishing and historic blow to labor rights.
As RBG notes in dissent, this decision tears a massive hole through post-New Deal labor law. It essentially substitutes the majority's economic preferences for those made by Congress. We will be reeling from this decision for years and decades to come.
Postscript: Who cowrote Epic System's cert petition asking SCOTUS to eviscerate federal labor rights? That would be @neal_katyal, liberal hero of the travel ban litigation. scotusblog.com/wp-content/upl…
Here’s my piece. A terrible day for the New Deal. Gorsuch ignored the text of the law to screw over workers. RBG’s dissent is absolutely scathing. slate.com/news-and-polit… @Slate
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