July 22, 2005
Following Judge John Roberts nomination for the Supreme Court, Senator Charles Schumer of New York held a press conference. He said that Supreme Court nominees are different and deserve a higher level of scrutiny than other judicial appointments because they MAKE laws. Someone ought to tell the senator that making laws is a function of the legislative branch, not the judicial branch. A judge who is going to legislate from the bench is precisely the kind of person who shouldn't be there. And a senator who apparently is looking for a Supreme Court justice who will do that (for causes the senator favors, of course)--rather than adhere to the Constitution--isn't fit to be a senator. Senators are supposed to honor and defend the Consitution, not seek appointments who will undermine it to advance their own agendas.
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The Epitome Factor
The Supreme Court on January 6, 2006 has scheduled the conference for case #05-7260, the case presented will prove to be the epitome of unfair labor practices. This case is not unique as to its circumstances as they pertain to the NLRA-National Labor Relations Act, however what will set this case apart from prior filings will be the fact that the lower courts ignored the Black and White of the NLRA.
According to the NLRA it is an unfair labor practice to hire new employees after an organized strike has ceased by settlement of the contract, if there are available jobs employees are to be reinstated.
The present case is again the epitome of all that have come before the Supreme Court previously.
For this reason-One day after the strike had been settled the employer instead of reinstating employees, hired new employees displacing the employees who participated an a legal strike, as the NLRA reads that is an unfair labor practice.
More troubling to this case is that the Defendants failed to dispute ANY of the documented evidence provided to the lower courts???
The petitioner/plaintiffs must now look to the US Supreme Court to use the authority given to them by Congress to enforce the NLRA so the protected rights of the Act are judicated with consistancy, further set presidence so that the lower courts do not under mind not only the Act but the previous opinions of Our Supreme Court.
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