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Justice Gorsuch Doesn’t Tip Hand in Fair Share Fees Oral Argument

   Published on:  26 Feb, 2018

Today the United States Supreme Court held oral argument in Janus v. American Federation of State, Municipal, and County Employees, a case challenging the constitutionality of “fair share fees” in public unions and in which we filed an amicus brief on behalf of PORAC and fourteen other public safety unions earlier this year.

Justice Gorsuch (the newest justice, and the only one yet to weigh in on the question which split the Friedrichs court 4-4 back in 2016) did not ask a single question. Unfortunately, almost all other signs he’s given off during his career point towards him joining the other four conservative justices voting to strike down the fees, and based on their questions none of the other four conservatives appeared likely to change their minds.

We expect a decision before the end of the Supreme Court’s current term in June.   These are all of the tea leaves we have until then.

If you have any questions about this alert, please contact Yonatan Moskowitz at 415.266.1814 or yonatan@majlabor.com.