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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 the private sector and that agency fees in this other half of the labor market will al... More »

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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 a close look at how easily Justices Gorsuch and Thomas tossed originalism aside in Janus,... More »

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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 actions — in order to maintain and build power in Janus’s wake.  As one take in the socialist magazine Jacobin pu... More »

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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 on its reasoning in Knox and Harris (which Justice Kagan’s dissent twice identifi... More »

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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 her choice without having those who control the Union deciding for them. Big loss for the coffers of the Dem... More »

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Janus

Published June 27th, 2018 -

Alito writes Janus, decision is 5-4. Reversed and remanded. More soon. More »

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Janus and the Problem with Alleging Lochnerism

Published May 4th, 2018 -

Janus, the Court’s case about public sector agency fees that will be decided this term, is a case that could be framed in two ways. On the one hand, Janus is a case about compelled political speech: the government, by imposin... More »