Latest Post

Progressive Federalism in the Wake of Janus

Published May 22nd, 2019 -

When the Supreme Court decided Janus v. AFSCME last year, the five-justice majority invalidated key provisions of collective bargaining agreements governing millions of workers across twenty-two states. Specifically, the Cour... More »


Latest Post

Janus, Compelled Speech, and Public Employee Pensions: An Analysis of Sweeney v. IMRF

Published April 2nd, 2019 -

On March 19, a federal judge held that the Illinois Municipal Retirement Fund (IMRF) does not violate public employees’ First Amendment rights to free speech and freedom of association by investing their mandatory contributions in companies that indirectly subsidize the anti-union political activities of the American Legislative Exchange Council (ALEC).  […] More »


Latest Post

Janus and the Private Sector

Published July 3rd, 2018 -

In the grim aftermath of Janus v. AFSCME, discussion has focused on what the decision portends for agency fee agreements in the private sector. Given the cloud of doom that has descended on many of us, it’s not surprising that pessimism abounds. There is thus speculation that Janus will soon be exported to […] More »


Latest Post

In Janus, the Court’s “Originalists” Show Their True Colors

Published June 29th, 2018 -

It shouldn’t have come as a surprise to anyone that when faced with a choice between originalism and right-wing ideology, the Supreme Court’s two avowed originalists, Justices Gorsuch and Thomas, decided that they weren’t going to let doctrinal purity get in the way of their desired result.  It’s worth taking […] More »

June 28th, 2018

Latest Post

Janus News Roundup

Published June 28th, 2018 -

“The day that organized labor has been dreading for several years is finally here,” Sarah Jaffe writes at the Times’ opinion page.  Jaffe is one of many arguing that workers and their unions must get back to basics — to old fashioned organizing, to strikes modeled on the recent teacher […] More »


Latest Post

Preliminary Janus Summary

Published June 27th, 2018 -

Here’s a very quick summary based on an even quicker read of the Court’s Janus opinion which overrules Abood and holds that agency fees violate the First Amendment. The majority opinion by Justice Alito starts by reasoning that Abood was inconsistent “with standard First Amendment principles.”  Here, the Court builds […] More »


Latest Post

Trump on Janus

Published June 27th, 2018 -

Recognizing the potential folly in engaging with a Trump tweet, I thought it was worth two quick comments on what the President had to say about Janus. Here’s the tweet: Supreme Court rules in favor of non-union workers who are now, as an example, able to support a candidate of his or […] More »