Agency Fees

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Will the Court Consider the Facts in Janus?

Published February 28th, 2018 -

Mark Janus’s lawyers are desperate to have the Court decide Janus v. AFSCME without considering any facts.  Janus is an Illinois state employee, who is represented by AFSCME Council 31.  Like all other employees in his bargaining unit, he is required to pay fa... More »

Coverage After the Janus Oral Argument

Published February 28th, 2018 -

The Supreme Court heard oral argument on Monday in Janus.  Analyses report that, as expected, there were pointed questions for AFSCME and Illinois by Justices Alito and Kennedy; the four liberal justices took every opportunity to highlight the potential effect... More »

Janus Oral Argument Transcript

Published February 26th, 2018 -

The Supreme Court has posted the transcript of this morning’s oral argument in Janus.  Notably, Justice Gorsuch, expected to be the deciding vote, did not speak during the argument.  We’ll have more coverage of the oral argument later this week. More »

Janus Should Lose, and the Justices Know It

Published January 31st, 2018 -

Most of the coverage of Janus v. AFSCME, like this recent piece in USA Today, simply (and perhaps correctly) assumes that the five Republican appointees on the Supreme Court will use the case to overturn Abood v. Detroit Board of Education, the 1977 case uphol... More »

Janus Amicus: Economists & Law Professors

Published January 30th, 2018 -

A group of over two dozen economists and law and economics professors filed an amicus in Janus in support of the respondents.  The brief argues that “decades if not centuries of economic theory and empirical evidence” establish that many who pay ag... More »

Janus Amicus: Labor & Employment Law Professors

Published January 29th, 2018 -

Several leading professors of labor and employment law have filed an amicus brief in support of the respondents in Janus.  The brief, authored by Samuel Estreicher, was filed by Cynthia Estlund, Estreicher, Julius Getman, William Gould, Michael Harper, and The... More »

Janus Amicus: Ben Sachs

Published January 22nd, 2018 -

An amicus filed on Friday in Janus and based on Ben’s new article Agency Fees and the First Amendment, 131 Harv. L. Rev. 1046 urges the Court to reject Janus’s challenge on the ground that it does not raise a valid First Amendment claim.  The amicu... More »

AFSCME’s Brief in Janus

Published January 18th, 2018 -

AFSCME filed its response brief in Janus last week.  It defends Abood‘s distinction between collective bargaining and lobbying as doctrinally sound and makes a number of other arguments. Jurisdiction AFSCME first argues that the Court lacks subject matte... More »

Agency Fees and the Earmarking Doctrine

Published January 16th, 2018 -

Wes Turner is a J.D. candidate at Washington University School of Law. In the upcoming case Janus v. AFSCME, the Supreme Court appears poised to hold that agency fees in the public sector violate the First Amendment. The argument runs, in short, that an automa... More »

Janus Amicus Brief: American Center for Law & Justice

Published December 13th, 2017 -

The American Center for Law and Justice, a religiously oriented free speech advocacy organization, filed an amicus brief in Janus critiquing Professor Sachs Agency Fees and the First Amendment, 131 Harv. L. Rev. (forthcoming Feb. 2018) (summarized here).  Nota... More »

Janus Amicus Brief: Charles Fried & Robert Post

Published December 12th, 2017 -

Last week, First Amendment scholars Professors Charles Fried and Robert Post filed this amicus brief in Janus in support of neither party. On the one hand, Fried and Post worry that First Amendment “doctrines would be substantially undermined were this C... More »