Consider Janus v. American Federation of State, County, and Municipal Employees, Council 31 where the U.S. Supreme Court will consider whether or not it violates the First Amendment to force non-union public employees to pay agency fees that cover the costs of collective bargaining for unions working on their behalves.
a) Answer the question that Justice Scalia asked in the oral arguments in Friedrichs v. California Teachers Association in 2015: “Let’s say the national parties are in trouble; so they enact a law that says that all – all members of the Republican Party, if you want to be a member you have to contribute so much money.” Could we enact this law? Why or why not?
b) So why have we enacted a Supreme Court Abood v. Detroit Board of Education, 431 U.S. 209 (1977) rule that allows states to force non-union employees to pay agency fees that cover the costs of collective bargaining for unions?
c) How has the Abood rule served the interests of employees, employers, and government constituents over the last 40 years?
d) What will happen if the Supreme Court overturns Abood in 2018?