Barrett Rainey's Second Thoughts

A recent legal action in Idaho has gone largely unnoticed with only an occasional media mention. Put in a national context, it ought to be given more prominence.

Federal Judge Lynn Winmill has thrown out two new laws birthed by last year’s Idaho Legislature. Simply put, the badly flawed statutes were union busting – no more – no less. When in pubescent bill form before the heavily Republican Legislature a year ago, Idaho’s Attorney General warned neither one would likely stand if challenged. He was ignored. As Idaho’s GOP legislators are wont to do. Often. So more tax dollars were wasted in yet another losing defense of bad legislation.

Two items here for background. First, the Idaho Legislature is virtually a Republican body with not enough Democrats for a good food fight. Been that way for years. Put an “R” on it and someone will be elected to office. Put a “D” on it and someone’s political career often is over before it starts.

Second, Judge Winmill. He’s no bleeding heart liberal. He was put up for a federal judgeship by a Republican Senator, nominated by a Republican president. Standard Idaho fare.

Yet, faced with two more Republican attempts to keep stomping on labor unions in an already right-to-work state, unions were the victor. Knowing Judge Winwill a bit, I’d guess he used solid legal grounds without considering how the laws got on the books or who put them there. A legal issue. Pure and simple.

Winmill stopped yet another Idaho GOP attempt to circumvent or ignore federal law. In this case, the National Labor Relations Act. He said Congress had previously created parameters under which construction employers and unions could bargain, influenced only by their own economic power and the free play of economic forces. From his opinion, the faulty Idaho Republican effort “..upsets that balance.” And that, as they say, is that.

But there seems more at play here to me. Consider other stories from other states with heavily Republican legislatures. Ohio comes quickly to mind. New GOP laws there to kill union rights for state and local employees. A public referendum to overturn seems likely to pass. Wisconsin did the same. Now three Wisconsin GOP legislators have been recalled and the GOP governor may be. Michigan, where petitions are circulating against GOP legislators and the GOP governor. Indiana where GOP Gov. Daniels has a package of bills to end public employee bargaining.

More states with heavy GOP legislative membership will likely be heard from in the next few months. More bills will be brought in going after unions in one form or another. And I’d bet – if you tracked back where they came from – you’d find American Legislative Exchange Council (ALEC) fingerprints on all.

All states belong to ALEC. Originally formed as a resource exchange base for legislators, it has become a conservative GOP clearing house to create master bills, copies of which are sent to all states requesting. Pick one of several subjects – abortion, sex education, home schooling, charter schools, unions and the like – and you’ll find wording from state to state remarkably similar. Duplicate is not too strong a word. ALEC, of course, denies this. But any good legislative bill reader can make a strong “clearinghouse” case.
So, what’s the point here? How does all of this connect? Glad you asked.

A little research shows – more than likely – the public sector union busting bills came from – ALEC. The similarity in wording of the new laws in Michigan, Wisconsin and Ohio is striking. Also striking is public reaction. And not just by union folks. Even many who have no union affiliation are signing petitions and carrying signs. Some legislators have already been recalled and unions alone don’t have that much clout. Especially politically in a Republican-dominated state like Wisconsin.

Wisconsin’s GOP governor is already running scared and chances for a recall there seem better than usual. Ohio’s GOP governor is threatened and has offered a “let’s-talk-it-over” olive branch to petition carriers who seem to be getting lots of willing signers. Petitioners said “No thanks” and continue unabated. Thousands of petitions going around in Michigan, too.

Tied together, Judge Winmill’s decision, far-flung referendums and recalls and even non-union citizens involving themselves in union matters by the hundreds of thousands in several states seem to have one thing in common. The overreach of Republican office holders to remake society in their own image. To the way they see things. The way they want things to be.

As noted in a previous “SECOND THOUGHTS” I was struck by how little partisanship appeared among Iowa caucus voters a week ago when interviewed on their way home. Most simply wanted better employment possibilities. They wanted civility in politics. They wanted a normalcy in which to raise their kids. None mentioned the so-called “social” issues presidential candidates have been hammering. Not one – not one – talked of union busting or abortion or gay marriage or any of the many GOP hot button topics monopolizing so many Republican-controlled legislatures.

To me, the great irony here is the overreach of so many officeholders who want smaller government, less government, fewer laws, less regulation and more personal freedom, who then spend their time in our state capitols creating more government control, more government intervention and more government restrictions on the governed.

Overreach. It’s a very sharp two-edged sword.

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