The Legal Battle to Enforce Janus v. AFSCME

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In June 2018, the Supreme Court in Janus v. AFSCME held it unconstitutional under the First Amendment for the government to compel public employees to pay union dues or fees without their prior consent. This triggered a wave of litigation to enforce the seminal decision and eliminate state and union resistance to it. Among other things, there are cases pending that seek to recover union fees unlawfully seized from employees in the past, as well as cases that seek to strike down restrictions on when employees can exercise their Janus rights in the future. These and other cases, and the issues at stake in post-Janus litigation, will be surveyed by the attorney who briefed and argued Janus in the Supreme Court.


William L. Messenger, Staff Attorney, National Right to Work Legal Defense Foundation


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