Janus v. AFSCME will soon decide the constitutional fate of fair-share fees for public sector unions. These fees support unions’ collective bargaining work on behalf of employees they are legally required to represent but who are not union members. Most prognosticators expect the Supreme Court to hand the National Right to Work Legal Defense Foundation (NRTWLDF) a win on its claim that such fees violate the First Amendment rights of non-union workers. Yet, as I develop further below, the history that led to Janus offers three thin rays of hope to the labor movement.
Using History to See the Glass Part Full in Janus v. AFSCME