Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part II) [December 4, 2017] [open pdf - 519KB]
"As discussed in Part I of this two-part Sidebar, on March 29, 2016, an eight-member Supreme Court divided equally over whether to overrule its 1977 decision in 'Abood v. Detroit Board of Education' and hold that public sector agency fees violate core First Amendment principles (the Court's 'fixed star'). Earlier this Term, the Court agreed to consider the question again in the case of 'Janus v. American Federation of State, County, and Municipal Employees, Council 31'. Part II of this Sidebar begins with a brief summary of the parties' arguments in 'Janus'. It then highlights some key statements from the prior decisions of Justice Gorsuch, who is likely to be a critical voice in deciding whether to overturn 'Abood'. The post concludes by exploring the potential implications of the 'Janus' decision."
CRS Legal Sidebar, LSB10041
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html