Yesterday, SCOTUSblog reported on the opposition by National Right to Work Foundation attorneys to the Solicitor General's self-contradictory motion for divided arguments in the Foundation's Locke v. Karass Supreme Court case. (For more background on the SG's unwelcome machinations and the Foundation's principled opposition, read this post.)

The SCOTUSblog post brings to light this new tidbit of news: "Jeremiah Collins, a lawyer for the respondent, said the union did not plan to file an opposition."

Of course he won't. The Solicitor General is making Big Labor's legal arguments. Why not add another lawyer to the union legal team at taxpayer expense?

If the Solicitor General forces his way in, Foundation staff attorneys representing a group of Maine State employees may get 5 fewer minutes to argue their case. Looking at his misguided legal brief (which the union later cited 14 times in its own brief), there can be little doubt that the SG would use the time to make the union officials' case against the employees and the First Amendment.

As the Foundation attorneys' response makes clear, the Administration's interest in the case is extremely tenuous and far fetched, and under court rules it should therefore be barred from participation in oral arguments (as in similar situations in the past).

Welcome to Big Labor's anti-employee legal team, Mr. Solicitor General. Thank you very little.

The Bush Administration is arguing Big Labor's legal positions in court again.

Right to Work supporters recall the Bush Administration's lousy record when it comes to employee free choice and worker freedom. Solicitor General Paul Clement seemed to take pleasure in parroting union lawyer talking points in important legal proceedings like Davenport v. Washington Education Association. Before resigning in May, Clement took another swipe at employee freedom in Locke v. Karass, another Foundation case going to the Supreme Court.

Clement's successor, Acting Solicitor General Gregory Garre, appears to be picking up where Clement left off. On Friday, Garre filed a motion with the Supreme Court to participate in oral arguments in Locke. Worse, Garre wants to cut into time already allocated to Foundation attorneys.

In Locke, Foundation attorneys are representing 20 Maine state employees who contend that the union which "represents" them -- the Maine State Employees Association (MSEA) -- is violating their First Amendment rights by sending part of their forced dues to a giant union slush fund which the affiliated Service Employees International Union (SEIU) can use to finance costly litigation, even though such litigation does not directly impact the state employees' own bargaining unit. SEIU is one of the most radical and politically militant national unions.

On Monday, the Foundation filed its opposition to the federal government's motion, making several important points to challenge both the SG's motion to participate and the motion for divided argument.

The Acting Solicitor General has failed to adequately demonstrate the government's concrete interest in the case. Importantly, no federal statute is at stake. Garre's motion claims the government's interest by vaguely pointing to the Secretary of Labor's responsibility to advise the President on labor policy and carry out Congressional policy and to the National Labor Relations Act, though Garre even contradictorily argues in the motion "that questions arising under the NLRA are distinguishable from this case."

The High Court has the option to simply extend time for oral arguments, but Garre wants to cut into the time of both the Foundation attorneys and MSEA lawyers -- even though the Court's rules permit divided arguments "only in the most extraordinary circumstances." But of the 22 pages of argument in the Solicitor's amicus brief, 17 are devoted to opposing the pro-worker legal position taken by Foundation attorneys.

Moreover, the MSEA cites the Solicitor's arguments 14 times in its own brief. If the Court grants the government's motion, it would "deny the Employees their full opportunity to present their views."

The Bush administration's stance in Locke is inexplicable. With only a few more months before he leaves office, Bush has no electoral reason to try to appease Big Labor (not that Republican appeasement of union bosses works out very well). But as the Acting Solicitor General's motion demonstrates, the Bush administration doesn't have enough significant legal interest either.

Yet, the Solicitor General's office persists in going out of its way to undercut the rights of nonunion employees forced to pay dues as a condition of employment, despite the administration's supposed support of the Right to Work. So once again we have to observe the old saying: With "friends" like these... who needs enemies?

And the Solicitor General's office can't say it doesn't know the harm it is doing. Its demand for oral argument time comes after the Foundation asked it to withdraw its legal brief because, if the Justices took it seriously, it would do serious harm to employees' rights.

Instead, Foundation attorneys may now find themselves arguing not only against Big Labor's lawyers, but also against the Bush Administration.

The cover story of the July/August issue of Foundation Action is now available for download here.

The story details former United States Solicitor General Paul Clement's efforts to undermine the Foundation's Locke v. Karass U.S. Supreme Court case. The article also shows that this isn't the first time that the Solicitor General, who recently-resigned his position, has undercut a Foundation Supreme Court case.

You can get your own free subscription to Foundation Action here.

In the latest update to Right to Work's YouTube channel, Daniel Locke, lead plaintiff in the Foundation's Locke v. Karass Supreme Court case, discusses why he felt the need to file suit against Maine State Employees Association union officials.

Also in the video, Foundation president Mark Mix explains what is at stake in the case, and another Maine state employee, Mark Turek, discusses his decision to quit his job rather than be forced to pay union dues to a union he disagreed with.

The Locke case is a perfect example of how the National Right to Work Foundation's legal aid program helps workers who have had their rights violated by compulsory unionism. Locke and his coworkers contacted the Foundation when they needed help standing up to union bosses.

Now, by taking the case all the way to the U.S. Supreme Court, Foundation attorneys are in a position not only to help Locke and his coworkers, but to help millions of American employees by establishing an important Supreme Court precedent advancing employee freedom.

The U.S. Supreme Court has set the date for oral argument in Locke v. Karass, which was brought to the High Court by Foundation attorneys on behalf of a group of Maine state employees.

Arguments will be at 11am on October 6, 2008 - the opening day of the the Supreme Court's session.

The case deals with the criteria for determining what workers can be forced to pay to a union as a job condition. For more on the Locke case stay tuned for an upcoming video.

Today's DC Examiner has an editorial about the Foundation's upcoming US Supreme Court case, Daniel Locke v. Karass.

Here's an excerpt from the editorial:

Locke is one of 20 Maine state employees who found that their compulsory agency fees to the Maine State Employees Association were being used to fund union lawsuits and bargaining in other states via a funding pool administered by the Service Employees International Union (SEIU). Locke and his like-minded colleagues objected to having to pay the fees because they knew the SEIU aggressively pushes a political agenda outside of Maine, including political campaigning, lobbying government at all levels, litigation against employers, media advocacy and other non-bargaining activities. Every dollar taken from Locke to pay for union litigation outside Maine freed up a dollar to be spent on SEIU’s political agenda.

Sounds like an open-and-shut case, right? After all, Thomas Jefferson said it was “sinful and tyrannical” to “compel a man to furnish contributions of money for the propagation of opinions which he disbelieves.” And just last year, the court ruled that public employee unions must first get permission from individual members before using their dues for political activities. Justice Antonin Scalia declared that “unions have no constitutional entitlement to the fees of nonmember employees.”

But things are never so simple in the nation’s capital. U.S. Solicitor General Paul Clement has submitted a brief in the case in which he argues that public employee unions can indeed use agency fees to pay their share of a litigation pool.

But, he says, doing so must further the government’s interest in keeping the peace in the workplace. He also says the union must give reasonable assurance that the pool doesn’t indirectly aid non-litigation activities.

In other words, as long as there is peace in the workplace and wink-winks from the union, President Bush’s solicitor general will be happy. And this president is anti-union?

Read the whole thing here.

And speaking of which, a Las Vegas Review-Journal editorial today highlights the National Right to Work Foundation's recent work at the U.S. Supreme Court. The paper notes of the Locke case the High Court took up yesterday:

"The case is the latest instance of the justices addressing issues that could erode the power of labor unions," noted The Associated Press.

Yet, if limiting the ability of organized labor to use coercion to fund its agenda erodes union power, it's power these groups never should have enjoyed in the first place.

Couldn't have put it better ourselves. The AP also notes that the Foundation's 14 U.S. Supreme Court cases have all been "targeting unions," but fails to mention that every single case was on behalf of employees that wanted nothing to do with them.

No one should be forced to join or pay dues to an unwanted union, and that principle is at the very heart of each case the Foundation takes up.

Today's decision by the U.S. Supreme to take up the National Right to Work Foundation's Locke case on behalf of employees marks the Foundation's 14th trip to the High Court. Foundation Vice President Stefan Gleason summed up the case this way:

“No one should be compelled to pay union dues just to get or keep a job. But where union officials have obtained this special
privilege from the legislature, they still have no legal authority to
make non-union public servants in Maine pay for union activity across America.”

The National Right to Work Foundation's most recent victory at the High Court came in 2007, under Davenport v. WEA, a crucial defensive victory. In that case, the Court ruled that union officials do not have a "constitutional right" to spend employees' forced union dues on political causes that they oppose.