Monday, February 26, 2018
Today, the Supreme Court heard oral arguments in Janus v. AFSCME, the newest in several decisions in which a bloc on the Court has attempted to strike down public-sector mandatory union fees (see here, here, and here for some of our earlier coverage). I'm going to go out on a limb and predict that this time is the charm. The 8 veteran Justices age no reason to think that they moved from previous positions, which results in a 4-4 split on this issue. The newer Justice Gorsuch was uncharacteristically silent during oral argument, but I'd be stunned if he doesn't vote with the conservative bloc to overturn Abood and find such fees to be unconstitutional. You can judge for yourself by reading the oral argument.