Libertarian (or classical liberal) law professor Richard Epstein's column this week is about that California case, Vergara v. California Teacher's Association, in which Judge Rolf Treu struck down public school teacher tenure and the seniority system as violations of the California state constitution. Professor Epstein writes: "The question then arises of whether this decisive attack on union dominance amounts to a form of unprincipled judicial activism."
That was my question, too. Professor Epstein concludes: "The difficulty with Judge Treu, then, is that he did not go far enough. Don't just stop with the most invidious provisions of union contracts, but instead knock out the entire system of state collective bargaining and branch."