Defying the Supreme Court is in fashion, and Democrats love it – Clinton Herald
The spirit of two Southern governors from more than half a century ago - Arkansas's Orval Faubus and Alabama's George Wallace, who defied the Supreme Court regarding race - is infecting the nation today, with different objectives. The Faubus-Wallace spirit of anti-judicial insurrection produced the Biden administration's extension of the eviction moratorium after the court judged it illegal. And the same spirit produced the Texas abortion law that leaves enforcement to private citizens in order to shield the state from legal vulnerability for a law that is ostentatiously incompatible with the court's abortion precedents. Those precedents, although muddled, should be challenged frontally, not evaded by legislative trickery.
Nowhere, however, is the Faubus-Wallace stance of contempt for the court as flagrant as in Washington state. There, the government and a government employees union have collaborated in a cynically presented, but nonetheless obvious, attempt to nullify two court rulings. On Sept. 27, the court will likely decide whether to act in self-defense by agreeing to hear the challenge against Washington's two-pronged assault on 2014 and 2018 rulings.
In those, the court held that state-mandated public sector unions are constitutional only if members have a right to opt out of paying dues that subsidize unions' political speech. In 1977, while upholding government compelling nonunion government employees to pay fees to support public employee unions' activities, the court uneasily acknowledged the "truism" that such unions exist to influence government policies, so their activities are political - akin to a political party's.
In 2014, the court affirmed the "bedrock principle" that only rarely can people be compelled to subsidize a third party's speech that they oppose. In 2018, the court said this principle means that nonmembers can opt out of supporting unions, and nonmembers' fees cannot be automatically deducted from their wages.
The 2014 case concerned in-home care providers, of whom Washington state today has about 40,000. They, unlike workers in traditional workplaces, are dispersed, isolated and have a high turnover rate of up to 40% annually. This makes it difficult to notify them of their constitutional right to opt out of paying fees. On this right, the court says, the constitutionality of public sector unions depends.
Three years after the court's 2014 affirmation of opt-out rights, thousands of Washington's in-home care providers had chosen not to subsidize the government-designated collective bargaining agency, the Service Employees International Union. The SEIU responded not by attempting to persuade dissatisfied fee payers of the union's benefits, but by trying to prevent the dissatisfied from learning about their right to opt out.
Only Washington's state government, which reimburses these workers, has their contact information. So, the SEIU supported a ballot initiative to give only the SEIU - which has a financial incentive to keep the workers ignorant of their right to opt out of SEIU - access to this information.
The initiative was advertised as protection of the elderly from identify theft, but no one offered a shred of evidence connecting public records requests with identity thieves. Such thieves do not usually file public information requests concerning their victims.
The SEIU, in collaboration with the state's heavily Democratic government (the state's last Republican governor was elected in 1980), violated the First Amendment twice: by engaging in viewpoint discrimination (only one side of the argument would have access to the audience), and by nullifying the opt-out right on which, the court has said, the constitutionality of public sector unions depends. This case also concerns political speech in another way: Government employees unions are conveyor belts, moving money extracted from members into Democratic Party coffers.
The SEIU's audacity is commensurate with its ingenuity in creating for itself a monopoly on information about the identity and location of voters in union elections, thereby locking in these captive workers indefinitely. This speaks volumes about SEIU's confidence in its ability to persuade workers that it is beneficial.
Government employee unions nationwide, and their state legislative collaborators, are watching. If Washington state can effectively nullify constitutional rights the court has twice affirmed, other states will concoct similar measures to skew, to the point of suffocation, public debate. Within hours of the court's 2018 decision, New York Gov. Andrew Cuomo, of fragrant memory, restricted access to information about members of government employee unions.
Somewhere the ghosts of Faubus and Wallace are experiencing admiration mingled with regret. Admiration for the oblique but effective tactic of burdening, to the point of extinction, constitutional rights. Regret that they, both Democrats, lived before defiance of the court became popular within their party.
George Will's email address is georgewill@washpost.com.
We are making critical coverage of the coronavirus available for free. Please consider subscribing so we can continue to bring you the latest news and information on this developing story.
We are making critical coverage of the coronavirus available for free. Please consider subscribing so we can continue to bring you the latest news and information on this developing story.
View post:
Defying the Supreme Court is in fashion, and Democrats love it - Clinton Herald
- A Democrats Dodge on AIPAC Points to the Partys Tensions Over Israel - The New York Times - May 29th, 2026 [May 29th, 2026]
- A Skeptics Guide to Whether Texas Democrats Can Actually Win This Year - Texas Monthly - May 29th, 2026 [May 29th, 2026]
- House Democrats to Introduce Bill to Block Trumps Triumphal Arch Amid Backlash Over Vanity' Projects - Time Magazine - May 29th, 2026 [May 29th, 2026]
- Opinion | Hes Entitled and Nepotistic. This Is Not What Democrats Need. - The New York Times - May 29th, 2026 [May 29th, 2026]
- No, Democrats have not gerrymandered New England | Steve Collins - The Portland Press Herald - May 29th, 2026 [May 29th, 2026]
- Opinion | How Democrats Can Avoid the Mistakes of 2024 - The New York Times - May 29th, 2026 [May 29th, 2026]
- Did Trump just hand Texas to Democrats with his Senate pick? - The Seattle Times - May 29th, 2026 [May 29th, 2026]
- Republicans are poised to finish this years redistricting war 10 seats ahead of Democrats - CNN - May 29th, 2026 [May 29th, 2026]
- Mary Ellen Klas: Democrats are putting their faith in military veterans - TribLIVE.com - May 29th, 2026 [May 29th, 2026]
- Democrats 'selling their soul' to embrace Platner are in for rude awakening with Maine voters: GOP lawmaker - Fox News - May 29th, 2026 [May 29th, 2026]
- California Democrats, Anxious About Wasted Votes, Are Clinging to Their Ballots - KQED - May 29th, 2026 [May 29th, 2026]
- Two Democrats Are Fighting for the Chance to Flip Californias Only Toss-Up House Race - KQED - May 29th, 2026 [May 29th, 2026]
- This Gerrymandered California District Could Decide Control of the House. Will Democrats Blow It? - News of the United States - NOTUS - May 29th, 2026 [May 29th, 2026]
- Democrats blast Pam Bondi over Justice Department testimony - USA Today - May 29th, 2026 [May 29th, 2026]
- Meet the 8 Democrats running in Nevada's 2nd Congressional District - The Nevada Independent - May 27th, 2026 [May 27th, 2026]
- 'You didn't try to get my vote': How Democrats lost Dearborn, and what it would take to win it back - Planet Detroit - May 27th, 2026 [May 27th, 2026]
- For Years, Democrats Refused to Primary Him. This Year Is Different. - The New York Times - May 27th, 2026 [May 27th, 2026]
- Iowa Democrats make renewed pitch to restore first-in-the-nation caucus status - KCCI - May 27th, 2026 [May 27th, 2026]
- Trump and Democrats Get Paxton in Texas, the Senate Nominee They All Wanted - WSJ - May 27th, 2026 [May 27th, 2026]
- Mark Poloncarz hits the road to support local Democrats - - The Capitol Pressroom - May 27th, 2026 [May 27th, 2026]
- Democrats in 12th District House race sound off on the Iran war - New Jersey Monitor - May 27th, 2026 [May 27th, 2026]
- What the Texas primary reveals about Trump, Maga and the Democrats - The Times - May 27th, 2026 [May 27th, 2026]
- Iowa Democrats advocate for first-in-the-nation caucus status in Washington - KCCI - May 27th, 2026 [May 27th, 2026]
- Michigans Gretchen Whitmer will address Kentucky Democrats at annual dinner in August - Kentucky Lantern - May 27th, 2026 [May 27th, 2026]
- Can Democrats Seize the Anti-Interventionist Vote? - New York Magazine - May 27th, 2026 [May 27th, 2026]
- New Hampshire Democrats prepare to make case for first-in-nation primary to DNC - WMUR - May 27th, 2026 [May 27th, 2026]
- Republicans are fighting a battle for their souls Democrats already lost - JNS.org - May 27th, 2026 [May 27th, 2026]
- Opinion | How Democrats Can Win, According to This Nobel Economist - The New York Times - May 27th, 2026 [May 27th, 2026]
- Iowa Democrats traveling to D.C. to make case for restoring first-in-the-nation caucus - weareiowa.com - May 27th, 2026 [May 27th, 2026]
- Meet the Democrats vying to represent Iowas 4th Congressional District - weareiowa.com - May 27th, 2026 [May 27th, 2026]
- Iowa Democrats Threaten to Go Rogue in 2028 - News of the United States - NOTUS - May 27th, 2026 [May 27th, 2026]
- Canadians are folding on Vegas. Democrats see a royal flush. - Politico - May 27th, 2026 [May 27th, 2026]
- Democrats are already preparing Trump investigations if they retake the House - MS NOW - May 27th, 2026 [May 27th, 2026]
- Tom Kean Jr.s absence from Congress makes Democrats bullish they can flip his seat - Politico - May 22nd, 2026 [May 22nd, 2026]
- Democrats dont need an autopsy to know what they did wrong - vox.com - May 22nd, 2026 [May 22nd, 2026]
- Partisan Mud Fight, or Focus on the Midterms? Redistricting Divides Democrats. - The New York Times - May 22nd, 2026 [May 22nd, 2026]
- Democrats renew effort to prevent US military action against Cuba - Roll Call - May 22nd, 2026 [May 22nd, 2026]
- More Republicans voted early in May runoff than Democrats - Spectrum News - May 22nd, 2026 [May 22nd, 2026]
- The best thing Democrats can do for the climate: Stop talking about it - vox.com - May 22nd, 2026 [May 22nd, 2026]
- 5 Takeaways From the Democrats Autopsy of Kamala Harriss 2024 Loss - The New York Times - May 22nd, 2026 [May 22nd, 2026]
- Democrats Lead the Generic Ballot by 8 Points as Midterms Approach - Data For Progress - May 22nd, 2026 [May 22nd, 2026]
- Democrats wanted answers for what went wrong in 2024. Now, there are more questions - NPR - May 22nd, 2026 [May 22nd, 2026]
- Democrats clearly learned nothing from their 2024 defeat | Opinion - USA Today - May 22nd, 2026 [May 22nd, 2026]
- Democrats admit why Trump beat Kamala Harris - The Times - May 22nd, 2026 [May 22nd, 2026]
- Democrats outdraw GOP in Georgia primary as turnout flips from 2022 | - Capitol Beat - May 22nd, 2026 [May 22nd, 2026]
- First Thing: Progressive Democrats criticize 2024 election autopsy for silence on Gaza - The Guardian - May 22nd, 2026 [May 22nd, 2026]
- Democrats are racing to one region ahead of the 2028 presidential primaries - NBC News - May 22nd, 2026 [May 22nd, 2026]
- A Republican Bloodbath in the Texas Senate Primary Is Giving Democrats Hope - The New Yorker - May 22nd, 2026 [May 22nd, 2026]
- Whats in the Democrats 2024 election autopsy report, and whats left out? - The Guardian - May 22nd, 2026 [May 22nd, 2026]
- Scalise: Democrats' Politics of Hatred and Division Need to Stop - Congressman Steve Scalise (.gov) - May 22nd, 2026 [May 22nd, 2026]
- Gaza Wasnt the Biggest Omission in the Democrats 2024 Autopsy - The New Republic - May 22nd, 2026 [May 22nd, 2026]
- Democrats Move to Force Republicans on the Record on Trump Slush Fund - Congressman John Larson (.gov) - May 22nd, 2026 [May 22nd, 2026]
- Democrats demand answers from Treasury secretary on Trump's IRS settlement - ABC13 Houston - May 22nd, 2026 [May 22nd, 2026]
- Democrats to choose Congressional nominee from field of three - Decorah Leader - May 22nd, 2026 [May 22nd, 2026]
- House Democrats are scrambling to contain their Maureen Galindo problem - Axios - May 22nd, 2026 [May 22nd, 2026]
- CNN's Manu Raju pushes Jeffries on realities of Democrats' loss in Virginia - CNN - May 13th, 2026 [May 13th, 2026]
- Democrats turn to state legislative races to catch up in the redistricting battle - NBC News - May 13th, 2026 [May 13th, 2026]
- In Ambitious Session, Democrats Focused on Affordability and Addressed Must-Fix Issues Amidst Federal Attacks and a Billion Dollar Deficit - Colorado... - May 13th, 2026 [May 13th, 2026]
- Meet the Kentucky Democrats who think they can flip McConnells Senate seat - Louisville Public Media - May 13th, 2026 [May 13th, 2026]
- California Democrats think voting late will stop a GOP sweep. They might slow down the results - CalMatters - May 13th, 2026 [May 13th, 2026]
- Wisconsin Democrats split with Gov. Tony Evers over school funding deal - WPR - May 13th, 2026 [May 13th, 2026]
- Democrats warn a third of the Congressional Black Caucus could be wiped out by redistricting wars - NBC News - May 13th, 2026 [May 13th, 2026]
- Select Committee Democrats Outline Priorities Ahead of TrumpXi Meeting in Beijing - Select Committee on the CCP - Democrats | (.gov) - May 13th, 2026 [May 13th, 2026]
- Kentucky Democrats are underdogs in the U.S. Senate race but several candidates argue they can win - Kentucky Lantern - May 13th, 2026 [May 13th, 2026]
- Key House Republican faces calls from Democrats to resign over radio interview - Axios - May 13th, 2026 [May 13th, 2026]
- Democrats abandon rollback of business tax breaks to fund family tax credit after Colorado governors veto threat - The Colorado Sun - May 13th, 2026 [May 13th, 2026]
- Live Nation: Democrats Plan Hearing on Controversial DOJ Settlement, Which Could Preview Oversight Theyll Conduct If Mid-Terms Return Them to Power -... - May 13th, 2026 [May 13th, 2026]
- Tennessee Democrats removed from House committees after redistricting protests - WBIR - May 13th, 2026 [May 13th, 2026]
- 'Im out here with the people': Tensions on display as NH Democrats look towards 2026 - New Hampshire Public Radio - May 13th, 2026 [May 13th, 2026]
- Tennessee Democrats worry about representation after prompt removal from House committees - WTVC - May 13th, 2026 [May 13th, 2026]
- Top Democrats press Trump to approve arms sale to Taiwan ahead of Xi meeting - The Hill - May 13th, 2026 [May 13th, 2026]
- A Private Call Reveals Democrats Desperation Over Tossing of Map - The New York Times - May 13th, 2026 [May 13th, 2026]
- Arkansas Democrats accuse governor of rigging the court system, say she should not get to pick judge for her own appeal - Arkansas Times - May 13th, 2026 [May 13th, 2026]
- HUD Secretary Shares His Homeless Uncle's Plight as He Spars With Democrats Over Budget Cuts - Realtor.com - May 13th, 2026 [May 13th, 2026]
- Ohio Democrats nearly matched GOP primary turnout. Does it matter for November? - Signal Ohio - May 7th, 2026 [May 7th, 2026]
- Democrats walk out of redistricting hearing; protesters arrested - WPLN News - May 7th, 2026 [May 7th, 2026]
- Pennsylvania voter registration: Democrats expand advantage for the first time in years - Pennsylvania Capital-Star - May 7th, 2026 [May 7th, 2026]
- Takeaways from Indiana, Ohio and Michigan: Trump's flex pays off and Democrats win special election - PBS - May 7th, 2026 [May 7th, 2026]
- Latino voters shifted towards Democrats on Prop. 50. Heres how we analyzed it. - CalMatters - May 7th, 2026 [May 7th, 2026]
- Michigan Democrats keep control of state Senate in election win that offers clues about midterms - PBS - May 7th, 2026 [May 7th, 2026]