'Equal Justice Under Law' - Time to Apply to Hobbs Act the Union Violence (From Crime and Punishment in Modern America, P 61-98, 1986, Patrick B McGuigan and Jon S Pascale, eds. - See NCJ-103913)

• NCJ Number: 103918
• Author(s): C E Grassley
• Date Published: 1986
• Length: 38 pages
• Sale Source: Free Congress Research and Education Foundation
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

In 1973, the U.S. Supreme Court ruled that extortionate violence or threats of violence are not punishable under Federal law, if the purpose of the violence was a 'legitimate union objective.'

Abstract

In United States vs. Enmons, the Court misconstrued the Hobbes Act, which prohibits robbery and extortion in interstate commerce. While this decision appears wrong even in the abstract, it appears even more wrong when its human cost is assessed. As shown by testimony before Congress, the Enmons loophole has resulted in injury to owners, nonunion workers, and property for which there is no relief under Federal law. Senate Bill 462 would end this special privilege of union officials to terrorize employers and nonunion workers into complying with their demands. Hearings on a law to ban union violence have been held in both houses, and a committee has given approval to reversing the Enmons decision. Ultimately, however, passage of the bill will require that Congress have the courage to say 'no' to the leaders of big labor. 156 notes and references.