Error-Correction

I have a new post at the CBA National Magazine’s blog, which follows up on my posts (here and here) arguing that the Suprme Court’s recent decisions constitutionalizing a right to collective bargaining and a right to strike were bad mistakes. In National Magazine post, I review the various ways in which these mistakes might be corrected or mitigated: invoking the notwithstanding clause, re-litigating the issue, and constitutional amendment. I argue that the notwithstanding clause, despite being quick and easy fix, should not be resorted to. The other solutions should be attempted, despite their difficulty and uncertainty.

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