Litigation Since Janus: A Preliminary Assessment
After the Supreme Court announced in Janus that the First Amendment prohibits mandatory agency...
Litigation Since Janus: A Preliminary Assessment
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Right to Work
Workers Campaign To Repeal Missouri’s Right-To-Work Law
Workers Campaign To Repeal Missouri’s Right-To-Work Law
On August 7th, Missouri voters will decide the fate of Prop. A — a ballot initiative that could...
In Janus, the Court’s “Originalists” Show Their True Colors
In Janus, the Court’s “Originalists” Show Their True Colors
It shouldn’t have come as a surprise to anyone that when faced with a choice between...
Janus News Roundup
Janus News Roundup
“The day that organized labor has been dreading for several years is finally here,” Sarah Jaffe...
Janus and the Rise of Dark Money “Justice”
Janus and the Rise of Dark Money “Justice”
In February, the Supreme Court heard oral arguments in Janus v. AFSCME. Today, a slight...
Preliminary Janus Summary
Preliminary Janus Summary
Here’s a very quick summary based on an even quicker read of the Court’s Janus opinion which...
Could Originalism Save Public Sector Unions?
Could Originalism Save Public Sector Unions?
Justice Gorsuch’s silence during the Janus oral argument generated considerable buzz. Wishful...
Weekend News & Commentary — June 2 – 3, 2018
Weekend News & Commentary — June 2 – 3, 2018
Boeing pursues an NLRB appeal of the unionization vote of a “micro unit” of plant workers in...
Janus and the Problem with Alleging Lochnerism
Janus and the Problem with Alleging Lochnerism
Janus, the Court’s case about public sector agency fees that will be decided this term, is a...
Janus Amicus Demonstrates That Unions Protect LGBT Workers
Janus Amicus Demonstrates That Unions Protect LGBT Workers
A coalition of six organizations committed to eliminating discrimination against LGBT...
How Janus Could Spill into the Private Sector Without Radically Redefining the State Action Doctrine
How Janus Could Spill into the Private Sector Without Radically Redefining the State Action Doctrine
This term, the Supreme Court will decide Janus, where it will determine the future of agency...
Using History to See the Glass Part Full in Janus v. AFSCME
Using History to See the Glass Part Full in Janus v. AFSCME
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.