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I went to the American Constitution Society's Supreme Court Term Preview today. Lots of interesting stuff, (I'll be writing a run down of the fall docket for TAP Online early next week) but I thought the most interesting comment came from Virginia Seitz of Sidley Austin who discussed the civil rights, or as she put it "the labor and employment law " docket :
The first thing I think that is interesting is to note what's missing, and that is any labor union plaintiff or defendant in any of these cases. These are all individual employee cases and just from my historical perspective that is unique over time in the Supreme Court's docket, and reflects the sort of shrinking proportion of organized labor in this country, and it's extremely critical these employment law cases to an organized work place. But I think it's worth noting and maybe mourning for a moment the absence of labor union plaintiffs in the court's docket this year.I asked Seitz about this after the event. "No one is a labor lawyer anymore," she told me, "Everyone is an employment lawyer."--Phoebe Connelly
