I'm John Batcher.

I'm John Batcher.

I'm John Batcher.

This is the new John Bachelor show on CBS Audio Network.

I continue my conversation with Professor Richard Epstein of the Hoover Institution,

writing about a Supreme Court case now under review by the court, the justices Cedar Point Nursery versus

Hasid having to do with when and if a labor organization has the right to

enter private property to organize. I learned from Richard I think that there's a before and

after the the new deal. The before is a dare versus the United States

1908 and Capag versus Kansas, 1915, that established that the States, that the United States,

nor any of the States in the United States have the power to force an employer to negotiate

collectively. And then it comes along the new deal and I take it

Richard from this the new deal knew what it was doing and changed everything

purposefully is that correct that is certainly correct and there was a huge judicial revolution to go along with it.

It's like everything else it went in Spits and starts, but the basic intuition that you had

back in 1908 in 1915 was in the first case. that you had

had somebody come along talking about the railroads I believe it was and said you know

the employers now and do duty to deal in good faith with workers and the judge said no this is

a case in which it's liberty of contract which means that you have to have some strong

justification before you could override the ability of anybody an employer or otherwise to refuse to deal.

These are not cases where there were common carriers, the only person who provided the surface,

there were other places that you could work, other railroads, other firms, and so forth. the And since these statutes purported to change those kinds of arrangements in one way or another,

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