Page 18 - FOP_MAY16.indd

The Supreme Court’s impact on public sector employees
With the recent passing of U.S. Supreme Court Justice Scalia, and Governor Rauner’s ongoing emphasis on his turn around agenda, I though it might be important to review the role the Supreme Court plays in our daily lives and how the Justices might have an impact on the future of public sector unions.
The U.S. Supreme Court consists of the Chief Justice, currently John Roberts,
and an “unwavering defender of the Constitution.” Love him or hate him, his impact on American jurisprudence endures.
Although a great deal of uncertainty and concerns exist in Illinois regarding the passage of laws that impact our lives, the truth is that the nine Justices do more to shape
PAT
PAT
FIORETTO
FIORETTO
and eight Associate Justices: Scalia (now vacant), Anthony Kennedy, Clarence Thomas, Ruth Bad- er-Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor and Elena Kagan. The President has the power to nominate the Justices, who, in turn, are ei- ther confirmed or rejected by the Senate. Once appoint- ed, they retain the position for life.
Prior to his death, Justice Scalia was the longest serving Associate Justice, appointed by President Reagan in 1986. Justice Scalia who was considered an originalist – some- one who views the Constitution’s meaning as fixed as of the time of enactment – wrote some scathing opinions and dissents. People have referred to Scalia as a “patriot”
our laws than we think. The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act to be a violation of the Constitution. With a single decision, a majority of Justices can decide wheth- er laws dealing with free speech under the First Amendment, potential impacts on public educa- tion, the Second Amendment right to bear arms or the
operations of unions will remain intact or be stricken. The Court’s importance in our constitutional system of government cannot be overstated. Since the Court has the power of judicial review, it plays a significant part in ensuring that each branch of government recognizes the limits of its own power. Also, the Court is the highest court
CONTINUED ON PAGE 20
FOP
Lab Rep t
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
ATTORNEYS AND COUNSELLORS
Available to Practice In:
Labor Relations Law ● Employee Welfare & Pension Benefit Law Worker’s Compensation Law ● Personal Injury Law Construction Related Injuries
JAMES M. NEUMAN PASQUALE A. FIORETTO CATHERINE M. CHAPMAN STEPHEN J. ROSENBLAT
BRIAN C. HLAVIN LAURA M. FINNEGAN PATRICK N. RYAN CECILIA M. SCANLON
200 W. ADAMS STREET, SUITE 2200 CHICAGO, IL 60606
(312) 236-4316 WWW.BAUMSIGMAN.COM
18 CHICAGO LODGE 7 ■ MAY 2016