Monday, January 29, 2018

Janus case: Friends of the court offer weak defense of mandatory union dues

By Steven Greenhut January 25, 2018

The nation’s public-sector unions have all but thrown in the towel on the notion of mandatory dues, yet various legal theorists and organizations have submitted briefs to the U.S. Supreme Court defending the right of unions to arm-twist dues from those who don’t agree with the union’s agenda.

After reading their arguments, it’s clear why the unions are worried.

The issue before the court – Janus v. American Federation of State, County and Municipal Employees 31, et al. – seems like a clear First Amendment case. Why should government employees be forced to subsidize private organizations that can then use the funds to advance policies the employee might find to be repugnant? Why should such financial support be a condition of one’s employment?

Tossing these rules is a no-brainer for most libertarians. That’s why a recent article on the libertarian Reason website has caused a stir. Based on a friend-of-the-court brief he signed, Eugene Volokh argued that “there’s no First Amendment problem with compulsory union agency fees.”......To Read More.....

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