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Biden Admin Slapped With Major New Lawsuit Over New Union Union Law In Florida

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OPINION: This article may contain commentary which reflects the author's opinion.


Several Biden administration federal agencies were hit with a massive new lawsuit on Friday over a threat to withhold federal funding due to a new union law with which the White House disagrees.

Florida officials filed suit against five Biden administration officials, including Transportation Secretary Pete Buttigieg, three federal agencies, and the U.S. government itself after threatening to withhold grant money. The suit was filed against the Federal Transit Administration, the Departments of Labor and Transportation, and several officials overseeing those agencies, the Western Journal reported.

The law, signed earlier this year by Gov. Ron DeSantis and which took effect July 1, “made the process for ‘decertifying’ unions easier and prohibits some state employers from collecting union dues by withholding them from employee paychecks,” the outlet reported.

Florida’s Public Employee Relations Commission, an entity overseen by political appointees of the governor, according to Politico, holds the authority to grant exemptions from the new law. The U.S. Department of Labor has stated that certain federal grants will be withheld unless the commission permanently grants waivers for the new requirements affecting mass transit employees.

In a letter to PERC in August, the Florida Public Transportation Association warned that some $800 million in federal grant money could be at stake. The agency had previously agreed to conditional waivers that came with expiration dates, but the federal Labor Department sought permanent waivers instead.

Florida’s lawsuit describes the federal action as “flagrantly unconstitutional.”

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“It asks a federal judge to block the agencies from withholding federal grants as well as declare unconstitutional the part of the federal law the Department of Labor is relying on to question Florida’s law,” Politico reported Wednesday.

The lawsuit says that while employees have a right to unionize, it argues that current Biden administration policies are akin to requiring public sector employees to form one.

“Public sector employees have a constitutional right to decide whether to participate in a union,” the 18-page complaint says. “The Biden Administration, however, seeks to elevate the political and financial interests of Florida’s public sector unions over the rights of working class Floridians to make that decision for themselves.”

“Florida passed laws to protect workers from being strong-armed by unions,” state Attorney General Ashley Moody said in a statement. “Biden, intent on driving our country into the ground, continues to try to force states to implement his bad policies.”

The Western Journal reported further:

Politico noted that court challenges to Florida’s new law had been filed, but that at least one had already been thrown out.

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Florida’s constitution guarantees collective bargaining rights, which the suit says the state has no intention of violating, despite cries of “union busting” by DeSantis’ critics.

An unnamed spokesperson for Buttigieg and the Department of Transportation would not comment when asked by Politico, citing the “ongoing litigation.”

Meanwhile, the U.S. Supreme Court has been a thorn in the side of President Joe Biden’s administration, frequently ruling against his agenda. But the nation’s highest court appears poised to do even more damage to Biden’s plans to move the country to the far left.

For instance, Biden’s plans to tax ‘the rich’ could soon be axed after the high court ruled earlier this year that Biden’s $430 billion-plus student loan forgiveness was unconstitutional.

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Moore v. United States, for example, could greatest influence on Biden, despite the fact that the court will hear cases this fall involving the right to bear arms, the authority of federal agencies, and whether the phrase “Trump too small” can be trademarked.

That debate centers on Biden’s frequently expressed desire for a wealth tax and whether it could be implemented.

The central question in the case is, according to SCOTUS Blog, “Whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states.” That amendment, of course, allowed the Legislative Branch, for the first time in the country’s history, to legally impose an income tax.

Several groups have filed amicus briefs in the case, including the libertarian CATO Institute, which argued that under the Constitution, Biden’s action would be impermissible.

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