Save the Best for Last: Supreme Court's Janus Decision was Worth the Wait

By Brandon Bourdages @ Shutterstock.com

Forced unionism has been a problem for many American public sector workers. With a 1977 Supreme Court precedent backing them up, union bosses were able to reach into the pockets of employees who weren’t even members of the union and extract dues money to use for campaigning. This was forced speech. The court finally overturned the precedent yesterday, taking a big step toward ending forced unionism for public sector workers. With the Supreme Court’s recent decision in Janus vs. AFSCME, workers will be given an advantage they didn’t previously have. The Editorial Board of The Wall Street Journal reports on the decision:

The Court saved its most anticipated decision for last as a 5-4 majority in Janus v. Afscmeoverturned the Court’s flawed 1977 Abood decision that allowed states to require workers who don’t belong to a union to pay “agency fees” to support collective bargaining. As Justice Samuel Alito explains in the majority’s opinion, Abood is an anomaly in the Court’s First Amendment jurisprudence.

Conservatives on the Court have been chipping away at Abood for some time. In 2016 the Court heard a case by California teacher Rebecca Friedrichs to annul Abood. But Antonin Scalia’s death resulted in a 4-4 split. President Trump’s appointment of Justice Gorsuch last year has now allowed the Court to rectify its 40-year constitutional error.

Credit is due Illinois Governor Bruce Rauner who had the courage to launch the challenge while tangling with the state’s formidable government unions. After a district court ruled that the Governor lacked standing, child support specialist Mark Janus intervened, claiming the American Federation of State, County and Municipal Employees (Afscme) used his agency fees to advocate for government policies that he opposed.

Mr. Janus was charged for the union’s lobbying, advertising, membership conventions and other services unrelated to collective bargaining. The union also bargained for wage and tax increases, which are political questions since they affect the public fisc. Other government unions have taken positions in bargaining on climate change, sexual orientation, gender identity and minority religions.

The Warren Burger Court based its creaky Abood decision on two cases involving private employers, which are not bound by the Bill of Rights. But a government’s compulsion of speech raises significant First Amendment concerns. “The idea of public-sector unionization and agency fees would astound those who framed and ratified the Bill of Rights,” writes Justice Alito.

Victory: Janus v. AFSCME Supreme Court opinion

Originally posted on Yoursurvivalguy.com.

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E.J. Smith is the Founder of YourSurvivalGuy.com, Managing Director at Richard C. Young & Co., Ltd., a Managing Editor of Richardcyoung.com, and Editor-in-Chief of Youngresearch.com. E.J. graduated from Babson College in Wellesley, Massachusetts, with a B.S. in finance and investments. In 1995, E.J. began his investment career at Fidelity Investments in Boston before joining Richard C. Young & Co., Ltd. in 1998. E.J. has trained at Sig Sauer Academy in Epping, NH, where he completed course-work in Practical and Defensive Handgun, Conceal Carry Pistol, Shotguns, Precision Scope Rifle and Kidnapping Prevention. E.J. plays a Yamaha Recording Custom drum set with Zilldjian cymbals. His first drum set was a 5-piece Slingerland with Zilldjians. He grew-up worshiping Neil Peart of the band Rush, and loves the song Tom Sawyer—the name of his family’s boat, a Grady-White Canyon 306. He grew up in Mattapoisett, MA, an idyllic small town on the water near Cape Cod. He spends time in Newport, RI and Bartlett, NH—both as far away from Wall Street as one could mentally get. The Newport office is on a quiet, tree lined street not far from the harbor and the log cabin in Bartlett, NH, the “Live Free or Die” state, sits on the edge of the White Mountain National Forest. He enjoys spending time in Key West and Paris. Please get in touch with E.J. at ejsmith@youngresearch.com. Sign up here to receive all the best content from Richardcyoung.com each week.