Examine the recent United States Supreme Court decision Janus v. American Federa

Question

Examine the recent United States Supreme Court decision Janus v. American Federation of State, County, and Municipal Employees, Council 31.

1. Do you agree with the majority opinion in Janus? Support your opinion with solid research. If you disagree with the majority, make sure you read the dissenting opinion. Would you have joined the dissenting opinion? Why or why not? (In other words, do you disagree with the majority opinion in the same way as the dissenters, or are there other reasons that you disagree?)

2. Address counterarguments that you would likely hear from someone who feels the opposite of your conclusion. In other words, if you support the majority opinion, how would you address the arguments presented by the dissenting justices?

Explanation / Answer

1. Agree or Disagree

Abood vs. Detroit Board of Education precedent overruled

As per the above ruling, Unions represented even those who were non-members; these were charged a fee that was a percentage of the fee charged from the Union members

In the Janus Vs. American Federation of State Case, the plaintiff, Illinois state employee Mark Janus filed a case protesting the payment of agency fee, and, non-members being represented by the Union in case a majority of employees vote for a union.

For the public sector employees, it was then ruled that unions cannot charge an agency fee, and, unions cannot represent them in collective bargaining. This violates the First Amendment.

Agree with the judgment

This would not just influence unions representing public sector employees but it has an impact on politics as well. These unions represent the Democrats or the Republicans. Thus, even if employees do not opt for a particular union, the union represents these and can vote in favour of initiatives supported by the Democrats or the Republicans. With this decision, a section of unions that supported the Democrats will be affected. The unions and the parties will thus have to support conservative decisions. The employees get their right to free speech. Abood Vs. Detroit is no longer the precedent.

2. Address Counter-arguments

The counter agreement will be that the unions represent the majority. Abood has thus been the precedent. The courts have now ruled that this violates the First Amendment, even if this is only for the public sector employees.

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