Maddy Joseph is a student at Harvard Law School.
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 effects of overruling Abood on collective bargaining and the ability of governments to manage their workforces. Justice Gorsuch was silent. There is a summary on SCOTUSblog, plus another analysis there. NPR, the Wall Street Journal, and the LA Times also have solid summaries. At the Atlantic, Garrett Epps highlights how little hard evidence there is in Janus–with no trial, there is not a developed record; and neither Janus nor the U.S. filled in those facts at argument.
The Times had a nihilistic editorial: assuming that the Court would overrule Abood, the editorial put Janus in political context. It began with Merrick Garland and ended, “Whatever the justices decide in Mr. Janus’s case, the drama that preceded it is another reminder of the importance of every Supreme Court appointment.”
In the lead-up to the argument, much of the coverage focused on the political forces driving the case. The Chicago Sun Times covered the intra-state dynamic in Illinois, where the Governor supports Janus and the Attorney General is with AFSCME. EPI and the American Prospect have guides to the groups, including the National Right to Work Legal Defense Foundation, behind the suit. At Slate, Sean McElwee and Mark Joseph Stern focus on the partisan stakes, writing, “While the legal theory upon which Janus is based is specious at best, the political theory is brilliant,” as Republicans stand to gain and Democrats to lose.
Other recent coverage has focused on the potential consequences. Five-Thirty Eight is more optimistic that unions can adapt to an adverse ruling. EPI points out that black women, who disproportionately hold public sector jobs and face a double pay gap, stand to lose the most if public sector unions decline. Vox has a more in-depth analysis of the potentially disparate racial impacts. And the Intercept explores the possible Pandora’s Box of legal claims–related to unions; related to taxes and state bar associations, for example–that a ruling for Janus could open.
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July 3
California compromises with unions on housing; 11th Circuit rules against transgender teacher; Harvard removes hundreds from grad student union.
July 2
Block, Nanda, and Nayak argue that the NLRA is under attack, harming democracy; the EEOC files a motion to dismiss a lawsuit brought by former EEOC Commissioner Jocelyn Samuels; and SEIU Local 1000 strikes an agreement with the State of California to delay the state's return-to-office executive order for state workers.
July 1
In today’s news and commentary, the Department of Labor proposes to roll back minimum wage and overtime protections for home care workers, a federal judge dismissed a lawsuit by public defenders over a union’s Gaza statements, and Philadelphia’s largest municipal union is on strike for first time in nearly 40 years. On Monday, the U.S. […]
June 30
Antidiscrimination scholars question McDonnell Douglas, George Washington University Hospital bargained in bad faith, and NY regulators defend LPA dispensary law.
June 29
In today’s news and commentary, Trump v. CASA restricts nationwide injunctions, a preliminary injunction continues to stop DOL from shutting down Job Corps, and the minimum wage is set to rise in multiple cities and states. On Friday, the Supreme Court held in Trump v. CASA that universal injunctions “likely exceed the equitable authority that […]
June 27
Labor's role in Zohran Mamdani's victory; DHS funding amendment aims to expand guest worker programs; COSELL submission deadline rapidly approaching