Freedom of Association

by admin on June 30, 2014

The Supreme Court today issued a ruling that stated that family members who act as home health workers while taking care of their disabled family member cannot be forced to join a union. See Harris v. Quinn, 2013 October Term, U.S. Supreme Court, decided June 30, 2014. I see this case as more of a affirmation that we as Americans cannot have our First Amendment Right to Freedom to Associate taken away from us. Many people forget that the First Amendment is not just about freedom of speech or freedom of religion. It is protects our freedom to associate. In other words, we have the right to associate or join whatever club we wish. The Harris opinion supports that by now saying that the Government cannot force us to join a club (or in this case a Union) that we do not wish to join. I wish it had been a unanimous decision. It is unbelievable to me that any Justice could have thought that the government should have the right to make you join a club.

{ 2 comments… read them below or add one }

Allan October 7, 2015 at 9:05 am

This is something that you need to dssiucs with your attorney. Generally personal bankruptcy only discharges unsecured debts. Home and car loans are secured by the property purchased and generally are not included in the bankruptcy filing unless you are severely upside down and the loan is a recourse loan. The repo may be put on hold while your BK case works its way through the court but once it’s discharged (or vacated) the lender will be free to repo the vehicle at that time.One consideration though. If you have a lot of unsecured debt that is the basis for your bankruptcy, the discharge may free up enough that you can get back in good with the lender on the car loan. You can either re-certify your intent to make good on that loan as part of the BK proceedings, or may communicate your desires to the lender AFTER the BK is discharged. Never engage in a private communication with ANY creditor while the BK case is active though. That is a CRIME and can result in the case being tossed out of court at the very least!But again, this is something that you need to dssiucs with your attorney. He or she is familiar with your state’s laws and your personal circumstance and can advise you properly. Nobody here can give you legal advice.

admin October 19, 2015 at 3:59 pm

Allan. Thank you for your comment. However, a majority of your comment is neither true or accurate. I can only assume that you are not a lawyer, or if you are you do not practice Bankruptcy. If you would like more information regarding Bankruptcy, please feel free to contact me for a free consultation at 251-300-2220.

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