|
In the concluding minutes of oral argument, Justice Samuel
Alito joined in expressing concern for the rights of teachers who
have chosen not to join the union: "Isn't it overwhelmingly
likely that if you spoke to them and you said, 'Would you like to
give money to the union to spend on elections,' they would say
no?"
"I absolutely disagree with you," said West. "It's not asking
them to make a contribution. It's asking them, Is it OK with you
if your money is used for this purpose?"
Alito asked, "What's the difference between asking, 'Would you
like to make a contribution," and 'Would you like to allow us to
use (your) money that we possess for our purposes rather than
returning it to you'?"
"Well," said West, "whether there is a difference or not, the
point is the union is using this money for purposes that it has
every reason to believe are in the interest of the vast majority
of teachers."
Roberts: "Surely they get to make that decision, don't
they?"
Counsel's response appeared to be "yes and no," an answer that
earlier provoked laughter in the courtroom. Justice Kilpatrick,
meaning me, left the press benches thinking that the union's
counsel had done his best -- but his best wasn't quite good
enough. |