This morning the U.S. Supreme Court issued a ruling on a case involving a California regulation that granted union representatives access to private employers’ work sites for up to 3 hours a day, 120 days per year, in order to recruit and organize. The Court ruled that the government-granted access is a “taking” of property, and thus was subject to the Takings Clause of the U.S. Constitution. In clarifying the rules around a grey area of property rights jurisprudence — and arguably moving the goalposts in favor of property owners — the Court may have also shifted the balance of …
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