Friday, February 16, 2018
Check out Garrett Epps's piece in The Atlantic reviewing Eugene Volokh and William Baude's amicus brief in Janus, the case testing whether fair-share fees for public-sector unions violate the First Amendment.
Volokh and Baude argue that mandatory fair-share fees for public-sector unions don't even raise free-speech problems--at least any more than other, familiar forms of government, or government-sponsored, speech.
Still, Epps writes that while "[t]he professors' brief is elegant and probably right . . . I doubt that their counsel will slow the court's stampede to overturn Abood."