Out of an abundance of concern that Justice Scalia may provide the 5th vote to uphold the labor practice at issue in Harris v. Quinn, the WSJ Editorial Page asks, oh so nicely, for Justice Scalia to do the right thing and strike it down.
This week’s Supreme Court oral argument in Harris v. Quinn showed that four Justices seem ready to provide a major victory for First Amendment rights over monopoly union power. The conservative Justice on the fence seems to be none other than Antonin Scalia, whose concerns as always are serious and deserve a response.
We realize this is getting into the legal weeds, and tangling with Justice Scalia is one of life’s more harrowing experiences. But the High Court has a major opportunity to restore a first constitutional principle—dare we say even an originalist one—and we’d hate to see such a stalwart supporter of the First Amendment as Justice Scalia join the liberals in forfeiting this chance.
This is not quite like telling Chief Justice Roberts to grow back bone, but it’s the same idea.