The Supreme Court Has a New Bold Lone Dissenter

This is a case about the federal right to organize your workplace through a union, which is protected by the National Labor Relations Act, or NLRA. This law was a cornerstone of the New Deal; before that point in history, unions were basically treated as illicit conspiracies out to undermine law-abiding businesses. The NLRA said: We’re going start treating unions like lawful enterprises that protect workers’ vested rights.

I think that’s obviously right, and I think it was really depressing that she was the lone voice on the court who was willing to say it.On that point, what’s the reason both Justices Kagan and Sotomayor signed off on Barrett’s majority opinion? Is it just because this isn’t doing the kind of huge consequential damage that it could have?

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