The Supreme Court is Gripped by an Unsustainable Conception of Individual Freedom

Today the Supreme Court voted, 5-4, to enable public sector workers to unilaterally withhold contributions from their unions. Justices Roberts, Alito, Gorsuch, Thomas, and Kennedy were in the majority, with Kagan, Ginsberg, Sotomayor, and Breyer in dissent. The principle guiding the majority’s decision is simple and intuitively appealing. When workers pay unions dues, those unions use that money to fund political speech. Individual workers may not agree with the union’s speech acts, and therefore compelling them to pay dues ties their employment to their willingness to espouse a particular kind of political speech with their wallets. The court argues that requiring workers to make certain kinds of political speech acts with their wallets to retain employment violates their free speech rights. The argument is internally valid–it makes sense, given a particular conception of individual freedom. The trouble is that this conception of individual freedom is destabilising the labour market in a politically dangerous way, and in consistently choosing to interpret this principle in this way the court is threatening the legitimacy of the state.

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