January 8, 2016
Will the Supreme Court undo the damage done to the rights of millions of government workers?
When the Supreme Court contemplates changing its mind, it must weigh the institutional interest in the law’s continuity against evidence that a prior decision has done an injury, even a constitutional injury. The court took 58 years to begin undoing, with the 1954 school desegregation decision, its 1896 decision affirming the constitutionality of “separate but equal” public facilities and services. On Monday, oral arguments at the court will indicate whether it is ready to undo 39 years of damage to the First Amendment rights of millions of government employees.
Case: Friedrichs v. California Teachers Association et al.