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Preliminary Janus Summary

Preliminary Janus Summary

Here’s a very quick summary based on an even quicker read of the Court’s Janus opinion which overrules Abood and holds that agency fees violate the First Amendment. The majority opinion by Justice Alito starts by reasoning that Abood was inconsistent “with standard...

Trump on Janus

Trump on Janus

Recognizing the potential folly in engaging with a Trump tweet, I thought it was worth two quick comments on what the President had to say about Janus. Here's the tweet: Supreme Court rules in favor of non-union workers who are now, as an example, able to support a...

AFSCME’s Brief in Janus

AFSCME’s Brief in Janus

AFSCME filed its response brief in Janus last week.  It defends Abood's distinction between collective bargaining and lobbying as doctrinally sound and makes a number of other arguments. Jurisdiction AFSCME first argues that the Court lacks subject matter...