by Glynn Wilson
A federal appeals court has balked at deciding a controversial legal case pitting the Alabama Education Association and its ability to raise membership dues against the new Republican administration dead set on weakening public employee unions and suppressing votes for Democrats.
According to a court filing that just popped up online from the Eleventh U.S. Circuit Court of Appeals in Atlanta, the federal appeals court panel tossed the state’s appeal in the case back to the all Republican Alabama Supreme Court. The professional organization for teachers won a victory in a lower court and obtained a preliminary injunction against the enforcement of a law passed by the new so-called “Super Majority” of Republicans in the state Legislature, a law written to prohibit payroll deductions to groups that use some of the money for “political activity.”
The appeals court panel indicated it would be “constitutional” for the Legislature to block the payroll deduction if the organization is guilty of “electioneering.”
Outgoing AEA Executive Secretary Paul Hubbert told the Associated Press that AEA has a publication it uses to “inform” teachers about issues of concern to them, issues that are the subject of government action. But he denied that the organization is primarily engaged in “electioneering” for one party or another.
“We keep our members informed on the issues,” Hubbert is quoted as saying.
In reacting to the non-decision, the Birmingham News editorial board came out with another in a long line of unsigned, silly Newhouse-style editorials concluding that if AEA’s activities are “not electioneering .. we’ll admit we have no idea what electioneering is.”
Hey, they said it. We didn’t.
Apparently the near-monopoly press in Alabama is quite happy to have an all Republican court decide the issue, a court of elected judges who raise millions upon millions of dollars from corporate interests in some of the most high priced elections in the country.
It’s too bad the appeals court panel did not show a little more backbone and actually decide the issue. We know from previous experience how the Alabama Supreme Court will rule: On behalf of its corporate masters at the Business Council of Alabama.
Watch for more union busting and Democratic voter suppression measures when the Alabama Legislature gets back together in Montgomery come February. And don’t count on the courts in Alabama for justice — unless you are a highly paid executive at an insurance company or other major corporation that pays no taxes in the state.
© 2011 – 2015, Glynn Wilson. All rights reserved.
