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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. […]

Janus and the Private Sector

Sep 29, 2017 Benjamin Sachs

Maddy’s excellent wrap-up of yesterday’s Janus news includes a clip from Slate’s piece “Solidarity’s End.” There, Mark Joseph Stern provides a very useful synopsis of agency fees law, but he also suggests that a Janus decision finding agency fees unconstitutional could easily be exported to the private sector. Here’s how he puts it: One last point: Janus involves only public-sector unions, or unions composed […]

Coverage on Janus Cert. Grant

Sep 29, 2017 Maddy Joseph

The Supreme Court decided yesterday to hear Janus v. AFSCME. The Court seems poised to hold that agency-fee agreements for public sector workers are unconstitutional. Since the order, reports and commentaries have analyzed Janus‘s threat to public sector workers, and its stakes for U.S. organized labor. The Chicago Tribune explains that the case began when Illinois’ Republican Governor Bruce […]

Supreme Court Grants cert in Janus

Sep 28, 2017 Benjamin Sachs

The Supreme Court will hear Janus v. AFSCME and revisit the constitutional status of agency fee agreements in the public sector. We will provide extensive coverage of the case over the coming months.

Will the Supreme Court Ignore Pleading Rules in Janus?

Sep 7, 2017 Andrew Strom

Many Court watchers think it is a foregone conclusion that the Supreme Court will grant the cert petition in Janus v. AFSCME, and then overturn the forty-year old decision in Abood v. Detroit Board of Education. While I’m not willing to bet against that, it’s worth noting that to reach that result the Court would […]

October 24, 2024
News & Commentary

Luke Hinrichs

Boeing union workers reject new labor contract, extending strike; Miami-Dade public school workers overwhelmingly vote to recertify United Teachers of Dade union representation; and auto part workers at Julian Electric commit to keep organizing after losing union election.

Glacier and Justice Thomas’ Preemption Breadcrumbs

Jun 2, 2023 Benjamin Sachs

Justice Thomas' brief concurrence in Glacier indicates his preference to move labor preemption doctrine in a conflict/impossibility direction

May 29, 2023
News & Commentary

Elyse Weissberger

Iowa joins a growing list of states that are relaxing back child labor laws; Los Angeles union workers join the Writers Guild of America strikers in a show of solidarity; Alaska’s Supreme Court rules that an executive order requiring employees to opt in to union membership was illegal

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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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Petitioner’s Brief Filed in Janus

Janus and Gerrymandering

Janus, Agency Fees and the First Amendment

Janus and the Private Sector

Coverage on Janus Cert. Grant

Supreme Court Grants cert in Janus

Will the Supreme Court Ignore Pleading Rules in Janus?

October 24, 2024

Glacier and Justice Thomas’ Preemption Breadcrumbs

May 29, 2023