In our latest Liberty Update, we highlight an eye-opening new study confirming how drug price controls…
CFIF on Twitter CFIF on YouTube
AEI's Michael Rosen: "Omicron Variant Sows Chaos but Doesn’t Move Needle on Patent Waiver Debate"

In our latest Liberty Update, we highlight an eye-opening new study confirming how drug price controls kill pharmaceutical investment and innovation at the worst possible time, when America and the entire world depend upon them more than ever.

In similar vein, American Enterprise Institute (AEI) Adjunct Fellow and healthcare expert Michael Rosen nicely illustrates how the omicron variant of Covid has paused the destructive global effort to suspend enforcement of patent rights belonging to lifesaving vaccine developers:

But the new omicron variant of the virus has intervened, shelving the planned WTO meeting and throwing into continued contrast the supposed haves and have-nots of vaccine protection...  But the EU has held firm in resisting the vaccine waiver, and rightly so."

Unfortunately…[more]

December 06, 2021 • 12:20 PM

Liberty Update

CFIFs latest news, commentary and alerts delivered to your inbox.
As Justice Kennedy Retires, Supreme Court Finally Ends Compulsory Public-Union Dues Print
By Timothy H. Lee
Thursday, June 28 2018
[T]he majority ruled that states and public-sector unions may no longer forcibly extract payment from unwilling employees. That violates the First Amendment, as the freedoms of association and speech mean that people must freely choose to support the behavior in which unions engage.

Groucho Marx famously observed, "I don't want to belong to any club that would have me as a member." 

For decades, millions of American public-sector workers who were forced to join unions have pleaded, "I don't want to belong to any club that would force me to become a member." 

This week, the U.S. Supreme Court finally granted relief to those millions of people.  No longer must they pay involuntary membership dues to powerful unions that serve as conduits for political contributions to leftist candidates and social causes. 

And with the Justice Anthony Kennedy's subsequent retirement announcement, the narrow 5-4 decision highlights once again the critical importance of securing conservative judges and justices in our precariously balanced Supreme Court and throughout the rest of the judicial branch. 

In Janus v. American Federation of State, County, and Municipal Employees (AFSCME), the Supreme Court addressed a lawsuit filed by Illinois state employee Mark Janus, who declined to join a union whose political activities and collective bargaining positions he opposed.  Under Illinois law, however, non-members were forced to pay what are known as "agency fees" to unions to cover whatever they decree germane to collective bargaining activities.  In Mr. Janus's case, that agency fee unsurprisingly amounted to approximately 80% of full union dues. 

Unfortunately, the 1977 Supreme Court decision in Abood v. Detroit Board of Education that hasn't aged well in the ensuing four decades supported the union's position.  Consequently, the federal District Court and Seventh Circuit Court of Appeals dismissed Mr. Janus's lawsuit. 

In a welcome decision and astonishingly blunt terms, however, a majority overruled Abood and restored the First Amendment freedoms of speech and association to millions of public sector workers: 

The State's extraction of agency fees from nonconsenting public sector employees violates the First Amendment.  Abood erred in concluding otherwise, and stare decisis cannot support it.  Abood is therefore overruled.  Abood's holding is inconsistent with standard First Amendment principles.  Forcing free and independent individuals to endorse ideas they find objectionable raises serious First Amendment concerns.  That includes compelling a person to subsidize the speech of other private speakers. 

And in withering language, the majority eviscerated not only the illogic of Abood, but also the justifications offered for compulsory union membership: 

The Union claims that Abood is supported by the First Amendment's original meaning.  But neither founding-era evidence nor dictum supports the view that the First Amendment was originally understood to allow States to force public employees to subsidize a private third party.  If anything, the opposite is true...  Abood was poorly reasoned, and those arguing for retaining it have recast its reasoning, which further undermines its stare decisis effect...  Developments since Abood, both factual and legal, have "eroded" the decision's "underpinnings" and left it an outlier among the Court's First Amendment cases.  Abood relied on an assumption that "the principle of exclusive representation in the public sector is dependent on a union or agency shop," but experience has shown otherwise.  It was also decided when public-sector unionism was a relatively new phenomenon.  Today, however, public-sector union membership has surpassed that in the private sector, and that ascendency corresponds with a parallel increase in public spending.  Abood is also an anomaly in the Court's First Amendment jurisprudence, where exacting scrutiny, if not a more demanding standard, generally applies.  Overruling Abood will also end the oddity of allowing public employers to compel union support (which is not supported by any tradition) but not to compel party support. 

Accordingly, the majority ruled that states and public-sector unions may no longer forcibly extract payment from unwilling employees.  That violates the First Amendment, as the freedoms of association and speech mean that people must freely choose to support the behavior in which unions engage. 

In an age in which unions donate upwards of 90% of their political dollars toward leftist candidates and causes, the Supreme Court's decision will in turn prove dramatically consequential, as it already has in states like Wisconsin that instituted reform and witnessed immediate declines in union membership. 

As pivotal swing Justice Kennedy retires, it's important to remember that four justices remained willing to allow forcible union dues payment to perpetuate their political power. 

Quiz Question   
How many gun purchase background checks were processed by the FBI during Thanksgiving Week 2021?
More Questions
Notable Quote   
 
"Crime is raging across the country, from violent attacks to brazen shoplifting to mob 'smash and grab' attacks. The White House this week had a simple answer for the cause of this rising lawlessness: It was not 'defund the police' efforts, or more restrictive policies for police and prosecutors. It was the familiar scourge cited in debates ranging from infrastructure to supply chains to tax increases…[more]
 
 
—Jonathan Turley, Shapiro Professor of Public Interest Law at George Washington University
— Jonathan Turley, Shapiro Professor of Public Interest Law at George Washington University
 
Liberty Poll   

In your Christmas shopping thus far, how are you faring?