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Category:Agency Fees

Janus Amicus: Labor & Employment Law Professors

Jan 29, 2018 Maddy Joseph

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 Theodore St. Antoine. The brief makes a functional argument for public sector collective bargaining. Employees expect, and […]

Janus Amicus: Ben Sachs

Jan 22, 2018 Maddy Joseph

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 amicus argues that mandatory agency fees should be treated not as compelled employee […]

AFSCME’s Brief in Janus

Jan 18, 2018 Maddy Joseph

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 matter jurisdiction. Janus originated as an action for declaratory judgment by the Governor of Illinois, who wanted to impound agency fees […]

Agency Fees and the Earmarking Doctrine

Jan 16, 2018 Wes Turner

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 automatic deduction from an employee’s pay check to their union represents […]

Janus Amicus Brief: American Center for Law & Justice

Dec 13, 2017 Maddy Joseph

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). Notably, the counsel of record on the brief (who is also ACLJ’s chief counsel) is one of President Trump’s personal […]

Janus Amicus Brief: Charles Fried & Robert Post

Dec 12, 2017 Maddy Joseph

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 Court to accede to petitioner’s request categorically to hold public-sector agency fees unconstitutional under the First Amendment.” […]

United States’ Amicus Brief in Janus

Dec 7, 2017 Maddy Joseph

The United States filed an amicus brief last night in Janus v. AFSCME asking the Supreme Court to overrule Abood and to hold that public sector agency fee agreements are unconstitutional. This represents a change in the federal government’s position since Friedrichs, in which the U.S. filed an amicus brief in support of public sector agency fee arrangements.

Petitioner’s Brief Filed in Janus

Dec 1, 2017 Maddy Joseph

Earlier this week, the petitioner in Janus v. AFSCME filed this opening brief, which asks the Court to overrule Abood and to declare public sector agency fee agreements unconstitutional. The thrust of the argument is that “Abood is offensive to the First Amendment” because “[i]t permits the government to compel employees to subsidize an advocacy group’s political activity.” Here’s a more […]

Janus and Gerrymandering

Oct 6, 2017 Benjamin Sachs

Two cases before the Supreme Court this Term will determine the extent to which political parties can entrench themselves in office. The most obvious of these cases is Gill v. Whitford, which involves the constitutional permissibility of partisan gerrymandering. Gerrymandering is, of course, the classic tool of entrenchment. When a party takes control of the state […]

Janus, Agency Fees and the First Amendment

Oct 5, 2017 Benjamin Sachs

In light of the Court’s grant of cert. in Janus v. AFSCME, I’m posting my new draft article on the subject. The article, Agency Fees and the First Amendment, 131 Harv. L. Rev. (forthcoming Feb. 2018), makes two related arguments, both of which aim to demonstrate why there is no first amendment problem with agency fees. […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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Janus Amicus: Labor & Employment Law Professors

Janus Amicus: Ben Sachs

AFSCME’s Brief in Janus

Agency Fees and the Earmarking Doctrine

Janus Amicus Brief: American Center for Law & Justice

Janus Amicus Brief: Charles Fried & Robert Post

United States’ Amicus Brief in Janus

Petitioner’s Brief Filed in Janus

Janus and Gerrymandering

Janus, Agency Fees and the First Amendment