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We the People

Mandatory union fees and the First Amendment

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 22 February 2018

⏱️ 52 minutes

🧾️ Download transcript

Summary

Alicia Hickok and Eugene Volokh join National Constitution Center President and CEO Jeffrey Rosen to discuss a major Supreme Court case about public-union dues. The Supreme Court is considering arguments in a case that could have a huge effect on public-section unions and their membership. The case of Janus v. American Federation of State, County, and Municipal Employees (AFSCME) will be heard on February 26 at the Court. The question in front of the nine Justices is if public-sector “agency shop” arrangements -- payments that workers represented by a union must pay even if they are not dues-paying members -- should be invalidated under the First Amendment. The Supreme Court said in Abood v. Detroit Board of Education (1977) that government employees who don’t belong to a union can be required to pay for union contract negotiating costs that benefit to all public employees, including non-union members. The Abood decision has been challenged in court several times, and an evenly divided Court couldn’t decide a similar case, Friedrichs v. California Teachers Association, in 2016.  This time, a full Court will consider the issue. Alicia Hickok is a Partner at the law firm Drinker Biddle and a Lecturer in law at the University of Pennsylvania Law School. She wrote an amicus brief in the Janus case on behalf of the Rutherford Institute, siding with Janus’s position. Eugene Volokh is Gary T. Schwartz Distinguished Professor of Law at UCLA Law School. He co-wrote an amicus brief in Janus with Will Baude siding with the union. Questions or comments? We would love to hear from you. Contact the We the People team at podcast@constitutioncenter.org And don't forget to take our new podcast survey at constitutioncenter.org/survey The Constitution Center is offering CLE credits for select America’s Town Hall programs! Get more information at constitutioncenter.org/CLE.

Transcript

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0:00.0

We the people wants to hear from you on how we're doing with this podcast.

0:05.0

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0:10.0

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0:17.0

Please be sure to fill out the survey and rate our podcast on iTunes and other platforms.

0:22.0

The feedback ensures we can keep growing and

0:24.6

improving this crucially important space for constitutional debate. I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome

0:39.4

to We The People, a weekly show of constitutional debate.

0:43.4

The National Constitution Center is the only institution in America, chartered by Congress,

0:48.1

to disseminate information about the U.S. Constitution on a nonpartisan basis in order to increase awareness and

0:54.4

understanding of the Constitution among the American people.

0:57.4

It's now President's Day.

0:59.8

Happy President's Day everybody and soon the Supreme Court will hear oral arguments in Janice versus American Federation of State,

1:07.8

County, and Municipal Employees, a case that asks whether mandatory union fees, even for non-union members. The case could have tremendous implications for First Amendment.

1:17.0

The outcome of the case could have tremendous implications for First Amendment jurisprudence

1:21.2

and affect many public sector workers across the country.

1:24.9

Joining us to discuss this crucial case or two of America's leading scholars on the First

1:28.6

Amendment and labor law, both have filed influential amicus briefs in the Janus case and we're incredibly honored to have them both.

1:36.5

Eugene Volick is Gary T Schwartz Distinguished Professor of Law at the UCLA Law School.

1:42.0

He co-wrote an amicus brief in Janus with Will Baud,

1:45.8

citing with the union. And Alicia Hickok is a partner at the law firm, Drinker Biddle,

1:50.8

and a lecturer in law at the University of Pennsylvania Law School.

1:54.1

She wrote an amicus brief in the Janus case on behalf of the Rutherford Institute

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