485 U. S. 360
March 23, 1988
The famous 1981 omnibus budget denied strikers the privilege of receiving food stamps. Predictably, unions were outraged, and tried to get this declared unconstitutional. They argued that it violated the associative and expressive rights of strikers, along with the Equal Protection clause.
The Supreme Court smacked down the unions 5-3 (Kennedy did not participate). White pointed out that food stamps were a privilege, and that the government is not required to fund every exercise of associative or expressive rights. Furthermore, it was pretty unlikely that anyone would decide against joining a union or living in a household just because of the food stamp issue. The government had not done any affirmative harm against unions or strikers – it had merely withdrawn a financial privilege. Finally, White said there was plenty rational basis for singling out strikers. In particular, it made the government more neutral in labor disputes, because strikers could hold out much longer if they were getting tax subsidized food stamps indefinitely.
Marshall, joined by Brennan and Blakmun, threw a babyish temper tantrum and called it a ‘dissent.’ He could not find a single rational basis for the law. Saving federal money was not good enough, because you could save federal money by discriminating against a protected class. Wanting to allocate money to those actually out of work was not good enough either, because those who strike are still in need of food. Finally, neutrality in labor disputes was not good enough, because company officials who oppose strikers could still get food stamps during a strike. Then, Marshall argued the law was simply a measure geared toward discouraging and ending strikes, and punishing those who chose to strike. You might think that this would constitute a pretty solid rational basis for the law, but in Marshall’s eyes, such an “animus” toward strikers was hateful and bigoted, and thus irrational.
Marshall is dead wrong. Strikes are evil, and emphatically do deserve to be squelched. And those who strike emphatically do deserve to suffer consequences for it. The last thing strikers deserve is having their evil rewarded by government money. Here’s a few Bible verses on the subject:
1 Peter 2:18: Submit with all fear to your masters, not only to the good and gentle but also to the cruel.
2 Thessalonians 3:10: This is what we commanded you: “If anyone isn’t willing to work, he should not eat.”
1 Timothy 5:8: But if anyone does not provide for his own, that is his own household, he has denied the faith and is worse than an unbeliever.
There you have it. Once again, Brennan, Marshall, and Blackmun are those who “call evil good and good evil.” Sadly, it won’t be the last time.