Richard Epstein


It’s Time To Strip Public Unions Of Their Monopoly Power

By Richard Epstein

This past term, in Davenport v. Washington Educational Association, a unanimous Supreme Court rebuffed a union claim that its rights to freedom of speech were violated by a Washington state referendum which provided that unions could not use mandatory “agency shop fees” to influence elections or to operate political committees unless those payouts were “affirmatively authorized by the individual.” The union’s claim rested on the view that the Washington law impermissibly altered the balance between union powers and individual rights that had been sanctioned in earlier Supreme Court cases.Read More


Rule Roe v. Wade Inadmissable In Alito’s Confirmation Hearings

By Richard Epstein

The fight over Supreme Court nominee Samuel Alito is, as expected, heating up in anticipation of his pending confirmation hearings in January. And equally as expected, regrettably, the abortion issue is again looming so large that it is crowding everything else off stage.The theatrics over Alito began last week with the public release of aRead More






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