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I dont know what you mean by “steel manning” (as in I’ve never heard that phrase), but I’ll assume it means you’re displeased.
Make no mistake: this doesn’t make me happy. I don’t even know the actual reason the judge had. I’m not a lawyer. I just asked myself, “If the union doesn’t have standing, who does?” The employees, with disregard as to whether they’re union members or not.
I am 100% in favor of standing firmly in the way of fascism, and when I see obstacles to fascism fall, I am disappointed. In this case, there exists a way that I can understand it, even if I don’t like it.
Not completely off base, but I don’t disagree with the thought process I came up with. I’ll see what I can do tomorrow to find the original ruling and figure out what the judge’s reasoning actually was. Would probably put this whole discussion to bed.