Petition of the day

Issue: (1) Whether a governor’s subjective motives for exercising a state’s inherent power and contractual right to reduce the size of its unionized workforce are legally relevant when a court is asked to determine the constitutionality of that legislative act; and (2) whether the Second Circuit erred in requiring strict scrutiny of a governor’s decision to reduce the size of a state’s unionized workforce by falsely analogizing that decision to firing state employees based on their political party affiliation.