The savaging of workers’ rights and wages is one of the prime objectives of the Federalist Society. A brief history of the Federalist Society is illuminating. The Federalist Society has as one of its main financial backers the Koch Foundation. This foundation was formed by the heir of Fred Koch who was one of the founders of the John Birch Society. The Federalist Society shares the ideological zeal of the John Birch Society. In its approximately 25-year history it has become the "single most influential organization in the conservative world." One of its most influential members, Republican Senator Orrin Hatch of Utah, used his position as the ranking Republican and Chairman on the powerful Senate Judiciary Committee to block judicial appointments of President Clinton. His son Brent Hatch has enjoyed positions of power within the Federalist Society. Judge Cassell worked in the law firm of Brent Hatch prior to being appointed to the bench.

The Federalist Society is opposed to labor rights, safety standards and federal government actions taken under the commerce clause of the United States Constitution. All of these were implicated in our case. Richard Epstein, a University of Chicago professor of law affiliated with the Federalist Society, has assailed two 1937 United States Supreme Court opinions which allowed for federal regulation of labor relations and market. He stated that a ruling that "enabled the federal government to regulate labor markets was unjustified he wrote, even if the purpose was to protect the public health and safety. ‘If someone wants to take risks with health and safety in order to obtain a higher wage, then so much the better.’" What ideologues such as Epstein and the judges involved in our case ignore is that the impact of such decisions do not end with the workers that accept such a trade-off due to the unfair bargaining advantage of the company. Because TRAX workers are denied their free association right to a representative of their choosing, their ability to demand adequate safety rules and training is weakened. This has serious implications.