William O. Douglas

“ I can see no difference where the 'right to work' is denied because of race and where, as here, because the citizen has exercised Fifth Amendment rights. To draw such a line is to discriminate against the assertion of a particular federal constitutional right. That a State may not do consistently with the Equal Protection Clause of the Fourteenth Amendment. ”

“ Surely then, the failure of these petitioners to allege a particular job opportunity does not mean they did not state a cause of action within the meaning of those California cases. Their pleadings seem to bring them squarely within those decisions. The fact that damages may be uncertain is no barrier to enforcement of the right to work. See Harris v. National Union of Cooks and Stewards, 98 Cal.App.2d 733, 738, 221 P.2d 136, 139. ”

“ Here on the pleadings the respondents comprise a nation-wide monopoly over the industry and arbitrarily place petitioners on a 'black list.'
Dotson v. International Alliance, 34 Cal.2d 362, 210 P.2d 5, held that out-of-state workers, qualified for union membership, could recover damages for 'wrongful interference with their right to work' against the union which denied membership. 34 Cal.2d at page 374, 210 P.2d at page 12. No showing of a likelihood of employment was made in that monopoly situation. ”