Constitutional Law, First Amendment, Labor Law
Janus and the Law of Opt-Out Rights
July 2, 2018
A great deal of time will be spent scrutinizing the core holding in Janus v. AFSCME, Council 31, that the First Amendment forbids public employers to require workers to financially support a union’s costs of collective bargaining. Still more time will be spent debating state legislative approaches to soften Janus’s blow or neutralize it altogether. What I…