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Today’s News & Commentary — July 9, 2018

Published July 9th, 2018 -

Professor Susan Dynarski of the University of Michigan writes in the New York Times about a new economics study that shows the key role that unions have played in reducing inequality in the United States. In addition to improving their own members’ wages and b... More »

Janus and the Private Sector

Published July 3rd, 2018 -

In the grim aftermath of Janus v. AFSCME, discussion has focused on what the decision portends for agency fee agreements in the private sector. Given the cloud of doom that has descended on many of us, it’s not surprising that pessimism abounds. There is... More »

Today’s News & Commentary — June 28, 2018

Published June 28th, 2018 -

The Supreme Court struck a major blow to public sector unions yesterday. The Janus ruling held that the First Amendment prohibits states from requiring non-union members to pay so-called “agency fees” to the union that represents them. Sharon Block and Ben Sac... 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 »

Today’s News & Commentary — April 13, 2018

Published April 13th, 2018 -

New York Governor Andrew Cuomo signed legislation yesterday that is aimed at protecting public workers’ rights in advance of the Supreme Court’s potentially adverse ruling in Janus v. AFSCME Council 31.  The new law allows unions to deny full benefits to worke... 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 »

Coverage After the Janus Oral Argument

Published February 28th, 2018 -

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 effect... More »

Daily News & Commentary — February 27, 2018

Published February 27th, 2018 -

Last week on the blog, we wrote about why the NLRB should withdraw the Hy-Brand decision (here and here)—in short, because a Board member who voted for the result, William Emanuel, should have recused himself (his former law firm represented one of the c... More »

Janus Oral Argument Transcript

Published February 26th, 2018 -

The Supreme Court has posted the transcript of this morning’s oral argument in Janus.  Notably, Justice Gorsuch, expected to be the deciding vote, did not speak during the argument.  We’ll have more coverage of the oral argument later this week. More »

Today’s News & Commentary — February 23, 2018

Published February 23rd, 2018 -

In advance of Monday’s oral argument in Janus, Bloomberg and the New York Times consider what might become of public sector unions if Abood is overruled. In These Times has a long feature on the advocacy groups who are funding not only Janus but also oth... More »