Supreme Court appears skeptical of California rule letting union organizers on private farms [View all]
The Supreme Court gave a skeptical hearing Monday to a California labor regulation that gives union organizers limited rights to go on to the private property of agribusinesses to encourage farm workers to join.
Most of the justices — conservative and liberal — agreed the "right to access" rule, adopted in 1975, appears to violate the property rights protected by the Constitution.
"It seems to me that letting the government come and use your land for non-business purposes seems to be exactly what the 'takings clause' was intended to avoid," Justice Sonia Sotomayor told an attorney for California. She was referring to the 5th Amendment's clause that says private property shall not "be taken for public use without just compensation."
Justice Amy Coney Barrett said homeowners would be surprised if the same sort of rule could be applied to their property. If a house were on a busy street corner, could the government "decide it would be beneficial to allow people to protest on my lawn because it's so highly visible to the traffic?" she asked.
https://www.yahoo.com/news/supreme-court-hears-clash-between-143804613.html
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