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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 »

Today’s News and Commentary — May 17, 2018

Published May 17th, 2018 -

A group of MIT engineers have managed to replace human chefs with robots, and a new restaurant in Boston will now operate with a fully robotic kitchen. The restaurant, named Spyce, will serve mostly vegetarian meals under the supervision of Michelin-starred ch... 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 »

Agency Fees and the Earmarking Doctrine

Published January 16th, 2018 -

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 automa... More »

Janus, Agency Fees and the First Amendment

Published October 5th, 2017 -

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 ... More »

Will the Supreme Court Ignore Pleading Rules in Janus?

Published September 7th, 2017 -

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 ... More »