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Janus Amicus Brief: American Center for Law & Justice

Published December 13th, 2017 -

The American Center for Law and Justice, a religiously oriented free speech advocacy organization, filed an amicus brief in Janus critiquing Professor Sachs Agency Fees and the First Amendment, 131 Harv. L. Rev. (forthcoming Feb. 2018) (summarized here).  Nota... More »

Janus Amicus Brief: Charles Fried & Robert Post

Published December 12th, 2017 -

Last week, First Amendment scholars Professors Charles Fried and Robert Post filed this amicus brief in Janus in support of neither party. On the one hand, Fried and Post worry that First Amendment “doctrines would be substantially undermined were this C... More »

United States’ Amicus Brief in Janus

Published December 7th, 2017 -

The United States filed an amicus brief last night in Janus v. AFSCME asking the Supreme Court to overrule Abood and to hold that public sector agency fee agreements are unconstitutional.  This represents a change in the federal government’s position sin... More »

Petitioner’s Brief Filed in Janus

Published December 1st, 2017 -

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 Firs... 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 »

Coverage on Janus Cert. Grant

Published September 29th, 2017 -

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 sect... More »