Further analysis of Cal Supremes’ ruling on mandatory mediation and conciliation
Earlier this month, I reported on the disappointing decision of the California Supreme Court upholding the state’s mandatory mediation and conciliation process—compulsory arbitration, that is—for California agricultural employers and unions. Last week, the Daily Journal ran my op-ed on the decision, in which I go into further detail to explain how the court’s ruling okaying this forced “collective bargaining” raises significant concerns for maintaining robust doctrines of equal protection and the separation of powers.
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It seems that some governments and courts prefer to treat Supreme Court precedent as an option, rather than a requirement. The Supreme Court has ruled—twice—that it’s unconstitutional for government to … ›