The Next Supreme Court Justice Could be Critical to Worker Rights and the Survival of the Middle

[TexasTowelie]

The Next Supreme Court Justice Could be Critical to Worker Rights and the Survival of the Middle Class

By Oren M. Levin-Waldman
Oren M. Levin-Waldman is faculty member in the School of Public Affairs and Administration at Rutgers University-Newark, and Socioeconomic Research Scholar at Global Institute for Sustainable Prosperity Research.


NEWARK, NJ — September 22, 2020 — In the wake of the passing of Justice Ruth Bader Ginsberg, the selection of the next Supreme Court justice has enormous implications. This promises to be a battle royale because of the potential to change the future direction of the Court for years to come. Conservatives, of course, will view this as an opportunity to reverse many of the rulings over the last few decades, including Roe v. Wade. And liberals will view any conservative appointment as an assault by the right on women, minorities, and other powerless Groups.

While abortion will figure prominently in senate confirmation hearings, what typically gets lost are the implications of a Supreme Court pick for labor and the rights of workers. Courts have traditionally existed to protect property and the rights of property owners. As employers are typically viewed as traditional property owners, with workers having no such corresponding property rights in their labor, courts have tended to resolve disputes in favor of employers against the interests of workers.

Therefore, the stakes in the upcoming confirmation battle over the next Supreme Court justice could not be higher. Over the years, especially since Reagan’s presidency, the rights of workers have been eroded. First, the Reagan administration and subsequent Republican administrations, packed the National Labor Relations Board (NLRB) with people who were anti-labor. Second, these NLRB rulings were only upheld by conservative majorities on the Supreme Court.

A solid conservative majority on the Court would limit even further any rights that workers may have. Because workers have few rights, especially in our increasingly global economy, wages have been declining. A key reason for the decline in wages is that over the years corporate managers have sought to maximize shareholder value. To do so, they have needed to reduce costs, and labor costs have easily been reduced through the outsourcing of operations to places where labor costs are only a fraction of what they are in the U.S. Not only have the jobs lost been higher paying union jobs, but the contraction of available middle class blue-collar jobs has only further exerted a downward pressure on wages.

Read more: https://www.yonkerstribune.com/2020/09/the-next-supreme-court-justice-could-be-critical-to-worker-rights-and-the-survival-of-the-middle-class-by-oren-m-levin-waldman