In Janus, Collective Bargaining is the new Broccoli

by Michael C. DorfToday's decision in Janus v. State, County, and Municipal Employees was completely predictable, given that the eight-justice Court divided evenly on ideological grounds on this question; anyone who thought Justice Gorsuch would ride to the rescue of public sector unions should consider buying a certain bridge I'm selling. Yet, if the outcome was predictable, Justice Alito's reasoning for the majority is nonetheless revealing. Here I'll note the key points of contact between Janus and what I regard as the weakest argument accepted by the conservative justices in NFIB v. Sebelius (the Obamacare case).Over four decades ago, in the Abood case, the SCOTUS issued a compromise ruling. Public-sector unions could charge non-union members of the collective bargaining unit for the costs associated with representing them in collective bargaining and other workplace-related activities but not for the union's external…

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