Footnote 12 and Retroactive Liability
An important point on judicial retroactivity buried in a footnote of Justice Kavanaugh's opinion in Barr v. AAPC.
Mark Janus
House Bill To Undo State-Level 'Right To Work' Laws Is a Preview of Democrats' Post-2020 Priorities
The PRO Act would implement a veritable grab bag of policies that labor unions have been pushing Congress to pass for years. The House will vote on it this week.
Mark Janus doesn't get his money back
The Seventh Circuit's ruling on remedies for Janus violations
After the Supreme Court Said Unions Can't Force Non-Members to Pay Dues, Almost All of Them Stopped
After the Janus ruling, AFSCME lost 98 percent of its agency fee-paying members, while the SEIU lost 94 percent.
Despite Janus Ruling, Some Unions Still Forcing Public Workers to Pay Annual Dues
In California, new lawsuits aim to make unions respect the Supreme Court's authority.
Compelled Subsidies and the First Amendment
Why both the dissent and majority in Janus were wrong, and what the next lawsuits may look like.
The Next Big Fight Over Organized Labor May Already Be Here
Striking down exclusive representation would allow labor organizers to give the boot to free-riding employees.
Unions Change Their Tune on Janus Supreme Court Ruling
It was the end of the world...until it wasn't.
What Part of the Janus Ruling Do Unions Not Understand?
The Supreme Court says they can't forcibly collect dues from workers unwilling to pay them, but several unions don't seem to get it.
What Janus Got Right—and Wrong
Compelled Subsidies and the First Amendment -- a new article with co-blogger Eugene Volokh, forthcoming in the Harvard Law Review
Can Unions Be Sued For Janus Claims?
Surprising fallout from the Supreme Court's decision on agency fees
Deprived of Mandatory Dues, Public Sector Unions Come After Your Tax Dollars
After Janus ruling, state lawmaker in New York wants to include collective bargaining costs in state union contracts.
The Stare Decisis Court?
The Roberts Court has overturned precedents at a lower rate than its predecessors. Will this soon change?
Will Trump's Next SCOTUS Pick Be Able To Overturn Roe v. Wade?: Podcast
The short answer is no. The longer answer is maybe, a little at a time, and that's a problem. Plus, is 2018 turning into 1968, a year of high-profile violence?
The Janus Dissent's Odd Underreading of Government Employee Speech Rights
"If an employee's speech is about, in, and directed to the workplace, she has no 'possibility of a First Amendment claim,'" say the dissenters -- but that's not what the First Amendment caselaw says.
Janus v. AFSCME : Will Ending Mandatory Dues Kill Public-Sector Unions?: Podcast
Today's Supreme Court ruling is a win for freedom of association and free speech, but don't expect it to change statehouse politics overnight.
The Limited Effects of the Supreme Court's Janus Decision
States that want to allow public sector unions, and avoid "free-rider" problems, should still be able to do that -- just by paying unions directly, rather than via compelled agency fees.
Mandatory Union Dues Violate Workers' First Amendment Rights, SCOTUS Rules
A landmark victory for workers' rights will have major ramifications for the future of public sector unions.
Unions Could Lose 726,000 Members if Mark Janus Wins His Supreme Court Case
Union-backed report finds unions could be screwed.
I Doubt This Is the Right Way to Manipulate Justice Gorsuch
Capsule summary: "Vote the way we want you to, and maybe we'll have just a bit less contempt for you than we now do."
Awaiting Court Ruling, California Unions Appear Surprisingly Impotent
California unions and their allied politicians need to learn to respect the rights of California's government workers.
Public-Sector Unions Deserve to Be Destroyed
Mandatory fees are an assault on free association.
Justice Kennedy Takes Aim at Public Sector Unions in Janus Oral Arguments
"It seems to me your argument doesn't have much weight."
Monday's Big Supreme Court Case Will Decide the Future of Public Sector Unions
Janus v. AFSCME could end mandatory union dues payment. Counter-intuitively, it might strengthen the labor movement.
Meet Mark Janus, Whose Supreme Court Case May End Compulsory Union Dues: Podcast
The social worker at the heart of Janus v. AFSCME explains why no public employee should be forced to pay union dues.
My Podcast Debate on Mandatory Union Fees and the First Amendment
The National Constitution Center invited Alicia Hickok and me to debate Janus; Ms. Hickok wrote an amicus brief supporting Janus, and I signed an amicus brief supporting the AFSCME.
The Two Sides of Collective Bargaining: A Way of Looking at the First Amendment Question in Janus
The government always compels taxpayers to fund the management side of management-labor bargaining in public workplaces. Given this, why should there be a First Amendment problem with compelled funding (through agency fees as well as taxes) of both sides?
The Supreme Court's Big Public Sector Union Case Is Really About Free Speech
Can public sector unions force recalcitrant workers to pay dues, or does that violate the First Amendment?
The Limits of Textualism and the Union Agency Fee Case
I'm all for carefully reading the words of the Constitution, and applying the distinctions that it draws -- but we need to make sure we're understanding just what those distinctions are.
Why There's No First Amendment Problem With Compulsory Union Agency Fees
Will Baude and I have cosigned a new amicus brief on this in Janus v. AFSCME.
Internet Taxes, the Supreme Court, Old Decisions, and New Facts
A very interesting analysis of the Supreme Court's new Internet tax case (South Dakota v. Wayfair, Inc.), by Notre Dame Prof. Randy Kozel.
Justice Dept. Opposes Mandatory Union Dues for Public Employees, Reversing an Old Position
DOJ argues workers are being forced to subsidize political positions with which they may disagree.
Supreme Court Agrees to Hear Case Against Compulsory Public-Sector Union Fees
SCOTUS will hear Janus v. American Federation of State, County, and Municipal Employees, Council 31 this term.
Is This the Supreme Court's Next Big Case Against Public-Sector Unions?
Janus v. American Federation of State, County, and Municipal Employees asks SCOTUS to end mandatory public-sector union fees.
