Likely to offend somebody, no matter how they rule |
For
this is also the day that the Supreme Court heard oral arguments in a case out
of Illinois that could go a long way toward undermining the influence of
organized labor within government.
HECK,
GOV. BRUCE Rauner himself made a point of being in Washington, D.C., for the
morning court call. The man who got himself elected governor so he could
single-handedly undermine labor unions in Illinois government wanted to be on
hand to see, and hear, for himself what the high court thinks. Which Democratic gubernatorial challenger Daniel Biss said Monday is sufficient reason not to re-elect Rauner.
A
ruling in that case will come up later this year, as likely will be any action
the high court takes with regards to federal immigration policy – specifically
the Deferred Action on Childhood Arrivals program that President Donald J.
Trump wants to have eradicated from out government.
That
program is the one enacted during the Barack Obama presidency and is meant to
treat young people who were brought as children to this country by their
parents without valid visas.
DACA to live on, at least a little while longer |
In
the wildest of fantasies of all those individuals who voted for Trump, making
America “great” again means deporting every single one of the roughly 700,000
young adults who fall into this category.
TRUMP
LAST YEAR used his executive order powers to eliminate the program, but federal
district courts in San Francisco and New York have issued orders that keep the
program in place for the time being.
The
president had asked the high court to immediately take up the case, instead of
requiring both of the cases to go to federal appeals courts first. The Supreme
Court on Monday refused, saying Trump hasn’t given sufficient reason why the
usual legal process should be cut short.
Of
course, the “reason” is that Trump is a political and governmental amateur who
probably really thinks he ought to be able to bark out orders and have
government minions do what they’re told. Privately, he probably thinks the
Supreme Court is being insolent and disrespectful of his presidential
authority.
Will the court ultimately undermine the union? |
But
it means the rule of law is prevailing, thus far. Although it always is likely
that the appeals courts will rule, and the Supreme Court will wind up taking on
the issue some time next year – and could wind up issuing a ruling that will be
Trump-pleasing at that time.
I
SAY SO because in the case of Janus vs. AFSCME Council 31 (which represents
Illinois government workers), court watchers suspect the nine-member court had
a 4-4 split, with the newest justice, Neil Gorsuch, the unknown who’d likely
decide the case.
Gorsuch,
of course, is the justice who got appointed by Trump himself, and Trump has
made it clear he sides with Mark Janus (the state worker who objects on
ideological grounds to being part of a labor union and doesn’t like that union
dues are withheld from his pay).
Not
that Gorsuch gave any hint of where he stands – during Monday’s hour-long
hearing, he said nothing and asked no questions from any of the attorneys
involved.
But
it has certain people convinced that the end result will be a 5-4 ruling
against organized labor interests and in favor of those people who’d actually
be inclined to vote for Rauner’s re-election come Nov. 6.
WHICH
IS ALWAYS possible, except that my own observations of appeals courts
throughout the years is that nothing is absolute. Those of us of a progressive
leaning can only hope the knee-jerk reaction doesn’t prevail.
TRUMP: How angry will he be a year from now? |
Which
also is what I’m telling myself with regards to the fate of DACA, since I
suspect Gorsuch got his life-time appointment to the high court because Trump
feels (at least) he can be counted on to do what The Donald expects of him.
Could
we be getting another ruling on this immigration issue that will wind up
offending the people who were pleased on Monday that any threat of deportation
for hundreds of thousands of young people would be postponed for the time
being?
Or
will the high court wind up surprising us by issuing responsible rulings in
both cases – thereby reaffirming our faith in our government, while most likely
turning the presidential complexion from his current sickly orange to a bright
red bursting with anger?
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