The case the Supreme Court will hear involves a South Florida greyhound track, now known as Mardi Gras Gaming, where UNITE HERE reached an agreement with the employer in 2004. The company would allow union representatives to speak to workers in non-work areas during non-work times and would provide the union with contact information for employees. It would also “remain neutral” about unionization.
Amid the ruckus over its voting rights and gay marriage rulings, the justices quietly accepted a pair of cases that could make it nearly impossible for private sector unions to organize new members.
Ginsburg attacks the ahistorical character of the majority decision. Quoting Shakespeare, she notes that the majority "ignores that `what's past is prologue'". What a profound observation, `the past is prologue'. It neatly, and with a literary flourish, sums up the deep defect with the Court's decision, its deliberate ignoring of both the contemporary ramifications of historical racism in this country as well as its current vitality.
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