➊ Brief Summary Of Rebeccas Case

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Brief Summary Of Rebeccas Case

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And encouraging. Scotland closed its last coal-fired power plant two years ago and overall emissions there are half what they were in Texas is getting more of its energy from wind than from coal — about a quarter on good days and half on a great day recently. Iowa already gets more than a third of its energy from wind because wind is already more cost-effective than fossil fuel, and more turbines are being set up. Cities and states in the USA and elsewhere are setting ambitious goals to reduce fossil fuel consumption or go entirely renewable. There are stories like this from all over the world that tell us a transition is already under way. They need to scale up and speed up, but we are not starting from scratch today.

The IPCC report recommends urgent work on many fronts — from how we produce food and to what use we put land more forests to how we generate and use energy and the unsexy business of energy efficiency also matters. It describes four paths forward, three of which depend on carbon-capturing technologies not yet realized, the fourth includes the most radical reductions in fossil-fuel use and planting a lot of trees. The major obstacles to this withdrawal are political, the fossil fuel and energy corporations and the governments obscenely intertwined with them. I called up Steve Kretzmann, the longtime director of the climate policy-and-action group Oil Change International on whose board I sit , and he reflected on the two approaches to climate action — changing consumption and changing production.

Addressing production means going after some of the most powerful and ruthless corporations on earth and the regimes that protect them and are rewarded by them — or, as with Russia and Saudi Arabia and to some extent the US are indistinguishable from them. We also need to shut down production directly, with a just transition for workers in those sectors. Five countries — Belize, Ireland, New Zealand, France and Costa Rica — are already working on bans on new exploration and extraction, and the World Bank sent shockwaves around the world last December when it announced that after it would no longer finance oil and gas extraction.

Fossil fuel is, even aside from the carbon it pumps into the atmosphere, literally poison, from the mercury that contaminates the air when coal is burned and the mountains of coal ash residue to the toxic emissions and water contamination of fracking and the sinister chemicals emitted by refineries to the smog from cars. Part of the work we need to do is to imagine not only the devastation of climate change, and the immense difference between 2 or 3 degrees of warming and 1.

The fading away of the malevolent power of the oil companies would be a profound transformation, politically as well as ecologically. A revolution is what we need, and we can begin by imagining and demanding it and doing what we can to try to realize it. Rather than waiting to see what happens, we can be what happens. Opinion Climate crisis. This article is more than 2 years old. Rebecca Solnit. Sun 14 Oct Friedrichs, et al. Oral argument:. Court below:. Detroit Bd. Of Education , U. Does requiring public employees to affirmatively object to subsidizing nonchargeable speech by public sector unions, rather than requiring employees to affirmatively consent to subsidizing such speech, violate the First Amendment?

Facts Under California law, a union may become the exclusive bargaining representative for all public school employees in a school district if it can show that a majority of the employees consent to its representation. See Petition for a Writ of Certiorari at i. Friedrichs asserts that public sector collective bargaining constitutes political speech because it involves political and ideological issues and that agency fees are unjustified.

See Brief for Petitioner at 22, Additionally, Friedrichs argues that Abood is an anomaly that should be overruled notwithstanding stare decisis. See id. She argues that the opt-out system may result in an inadvertent waiver of free speech rights. See Brief for Respondent at 15— The Union contends that the Court should adhere to stare decisis and uphold Abood. See Brief for the Attorney General of California at 29— The AG maintains that employers should be given more latitude regarding agency fees. See Brief for Petitioner at Friedrichs claims that compelled subsidization of collective bargaining representation violates the First Amendment because public sector bargaining influences the decisions made by governing entities.

Friedrichs also argues that no one can be coerced to subsidize speech that they do not support as a condition of public employment. See Brief for Respondent at The Union maintains that employee free speech in collective bargaining is not subject to the same strict First Amendment protections as free speech in public matters exercised as a citizen. The Attorney General adds that exclusive bargaining representatives have a duty of fair representation and may not discriminate against non-members. See Brief for the Attorney General of California at 15— Additionally, the AG argues that non-members are not prevented from expressing views contrary to those of the union or forced to affirm political views with which they disagree. Furthermore, the AG asserts that many statutorily prescribed topics such as employee leave requirements and safety policies are not political or ideological.

Friedrichs argues that agency fees only advance a particular political view—that of the exclusive bargaining representative. Friedrichs maintains that, without agency fees, unions are unlikely to go bankrupt and that eliminating agency fees would have a small effect on their operations. Friedrichs claims that eliminating agency fees would not lead to non-members free riding because they opposed the union policies initially.

Moreover, Friedrichs argues that exclusive bargaining representation actually forces non-members to free ride because they cannot express differing views. Friedrichs contends that grievance representation is too small of an expense to justify agency fees. See Brief for Respondent at 15—16, The Attorney General asserts that employers are typically given freedom to use their judgment regarding workplace functions, which includes agency fees. See Brief for the Attorney General of California at The Union argues that its tasks are difficult, requiring significant time and money, therefore it claims that it is only fair that costs are evenly distributed amongst all who benefit. In support, the Attorney General argues that members may be unwilling to support a union knowing that their contributions are being used to serve non-members who made no contributions.

The Union asserts that agency fees incentivize unions to consider the views of non-members when bargaining. Friedrichs argues that Abood v. Detroit Board of Education, U. Friedrichs maintains that stare decisis cannot override the Constitution and that a prior decision must yield to a constitutional right. Friedrichs views Abood as an anomaly that should be overruled for reasons of jurisprudence. The Union argues that the Supreme Court has reaffirmed and applied Abood in numerous decisions and that the facts of the present case and the current legal environment do not warrant overruling Abood.

See Brief for Respondent at 26—27, Additionally, the Attorney General adds that California has structured its approach to public sector collective bargaining around such arrangements.

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