(In this opinion, as well as a recent one on punitive damages, Stephen Breyer is proving to be as reliably pro-business as anyone else in the court. The membership of the SEIU would do well to question their leadership on the wisdom of funneling campaign contributions to "friends of labor" like Bill Clinton who appoint judges like Breyer. In fairness to Breyer, it must be said that he was not alone, as the court voted unanimously to deny home care workers fundamental rights that other workers have. SR)
Court Rejects Overtime Pay For Home-Care Workers Justices Also Deny Venue Change in Tobacco Suit
[WS:] I disagree. The labor (and liberals in general) got used to "taking shortcuts through the legislative branch" that is - trying to produce desired social changes through sympathetic interpretation of the existing laws by the judiciary instead of by passing the appropriate laws by congress. However, there are clear limits to that strategy, and it makes no sense to fault the judiciary for not going on the limb in their interpretation of the law. This is basically what Breyer et al. did in this case -as I read it.
Of course, a better way would be to pass labor friendly laws instead of depending mainly on labor-friendly interpretation of the existing law. This, however, is almost impossible due to the staunchly conservative and pro-business stance of both, the legislature and the electorate.
In other words, do not blame individuals (Breyer, Clinton, etc.) for the faults of the nation, its conservatism, religion- and patriotism inflicted mind poisoning, sucking up to business, and hostility to labor, organized or otherwise
Wojtek