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Janus v. AFSCME: Perhaps This Time The Court Will Take The First Amendment Seriously
Forbes ^ | March 2, 2018 | George Leef

Posted on 03/02/2018 5:59:22 AM PST by reaganaut1

On February 26, the Supreme Court heard oral arguments in Janus v. AFSCME. The issue in the case is whether public unions can compel workers who have declined to become members to pay them an “agency fee” that supposedly covers the union’s activities other than political action.

Mark Janus is a public employee in Illinois and under state law, he must pay “his” union, the American Federation of State, County, and Municipal Employees a fee that is 78 percent of the full membership dues. That is the amount that the union says is the “fair share” of workers who decline to become members -- $45 per month for Mr. Janus.

Even if you believe that public unions like AFSCME spend only 22 percent of their revenues on politics, Janus contends that because the activities of public unions are inherently political, being forced to support any portion of their spending impinges on his First Amendment rights. Just as the government cannot interfere with Americans when they wish to communicate, neither can it compel them to provide money to enable others to communicate.

Moreover, and by their own admission, union officials are not just interested in negotiating on behalf of the employees they represent, but also for a host of “social justice” concerns. Lawrence Sand points out in this California Policy Center article that public unions have boasted about their dedication to “bargaining for the common good.” For example, the president of the Unified Teachers of Los Angeles declares that he thinks the union should bargain for “green spaces” at schools and provide a legal defense fund for students and family members who might face deportation.

(Excerpt) Read more at forbes.com ...


TOPICS: Editorial; News/Current Events
KEYWORDS: 1stamendment; afscme; freespeech; janus; scotus; unions

1 posted on 03/02/2018 5:59:22 AM PST by reaganaut1
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To: reaganaut1

Everyone looking at Gorsuch but I don’t trust Kennedy or Roberts. Roberts F’d us but good with ACA and AZ trying to
stop the invasion.


2 posted on 03/02/2018 6:11:01 AM PST by gibsonguy
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To: gibsonguy

“Everyone looking at Gorsuch but I don’t trust Kennedy or Roberts. Roberts F’d us but good with ACA and AZ trying to
stop the invasion.”

This was deadlocked at 4 to 4 because Scalia died. Makes you wonder if Scalia was killed in order to get a liberal justice on SCOTUS after Hillary was elected.


3 posted on 03/02/2018 7:13:59 AM PST by EQAndyBuzz (What is a Blue City? First world cities run by third world politicians.)
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To: reaganaut1

Public employees needing a union is ridiculous on its face. They need to be disbanded. Govt workers don’t need a union.


4 posted on 03/02/2018 7:51:56 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: Georgia Girl 2

Agree 101%;there is no way public employees paid with tax money should have a union. It puts a union in direct competition against the taxpayer in my opinion.


5 posted on 03/02/2018 8:28:52 AM PST by oldtech
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To: oldtech

Yes public employees are in no danger of being exploited.


6 posted on 03/02/2018 9:44:18 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: gibsonguy

I wish Buzzy Ginsburg would honor her pledge to move to Australia.


7 posted on 03/02/2018 5:39:44 PM PST by wjcsux (The hyperventilating of the left means we are winning! (Tagline courtesy of Laz.))
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