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June 28th, 2018

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 mod... More »

 

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 sta... More »

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Could Originalism Save Public Sector Unions?

Published June 7th, 2018 -

Justice Gorsuch’s silence during the Janus oral argument generated considerable buzz.  Wishful (yet tentative) commentators hoped the silence was a sign that the new Justice’s originalism would lead him to uphold Abood.  To be sure, Justice Thomas, the Court’s... More »

May 21st, 2018

Today’s News & Commentary — May 21, 2018

Published May 21st, 2018 -

The Editorial Board of the New York Daily News yesterday drew attention to what has been a repeated “pilgrimage” in a stymied search for equal rights and fair treatment: the yearly trip of “some of New York State’s 100,000 field hands to the Capitol” to ask fo... 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 imposing agency fees as a condition of emp... More »

 

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 »