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How Janus Could Spill into the Private Sector Without Radically Redefining the State Action Doctrine

How Janus Could Spill into the Private Sector Without Radically Redefining the State Action Doctrine

This term, the Supreme Court will decide Janus, where it will determine the future of agency shop agreements in public sector unions. Despite being a public-sector union case, Justice Ginsburg raised a question on many people’s minds at oral argument: “what happens...

Using History to See the Glass Part Full in Janus v. AFSCME

Using History to See the Glass Part Full in Janus v. AFSCME

Janus v. AFSCME will soon decide the constitutional fate of fair-share fees for public sector unions. These fees support unions’ collective bargaining work on behalf of employees they are legally required to represent but who are not union members. Most prognosticators expect the Supreme Court to hand the National Right to Work Legal Defense Foundation (NRTWLDF) a win on its claim that such fees violate the First Amendment rights of non-union workers. Yet, as I develop further below, the history that led to Janus offers three thin rays of hope to the labor movement.