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Cato Podcast

Mandatory Union Fees Return to the Supreme Court

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 5 October 2017

⏱️ 6 minutes

🧾️ Download transcript

Summary

How free should unions be to take fees from workers? When do those fees violate the First Amendment? Attorney Jacob Huebert discusses Janus v. AFSCME, which will soon go before the U.S. Supreme Court.

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Transcript

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0:00.0

This is the Cato Daily Podcast for Thursday, October 5th, 2017.

0:08.8

I'm Caleb Brown.

0:09.8

Do certain union fees violate the First Amendment? The Supreme Court will take up that

0:14.2

question again in its current term in the case of Janice v. AFSme. Jacob

0:18.9

Hubert represents Mark Janice. We spoke before the High court took the case at the State Policy Network annual

0:25.1

meeting in San Antonio.

0:26.7

Well, for decades, governments have been able to force their employees to pay union fees.

0:34.0

Under a decision the Supreme Court issued in 1977

0:38.8

called Abood versus Detroit Board of Education,

0:41.9

governments have been allowed to make people pay union

0:44.9

fees as a condition of their employment.

0:48.1

But in recent years, in some recent decisions, the court's conservative justices have signaled that they might be

0:54.8

willing to overturn that precedent and hold that forcing government workers to

0:59.3

pay union fees violates their First Amendment rights.

1:02.4

All right, so we had the Friedrich case. fees violates their First Amendment rights.

1:02.6

All right.

1:03.6

So we had the Friedrich's case, which was strongly related to this, right?

1:08.6

Yeah, in 2015 the court took Friedrichs versus California Teachers Association

1:14.3

which presented this same question of whether governments can make their

1:17.8

employees pay union fees and we thought that was going to resolve this issue

1:21.4

but unfortunately Justice Scalia died shortly

1:24.4

after oral arguments in the case so it ended in a four-four tie and nothing changed.

...

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