Janus v. American Federation of State County and Municipal Employees Council 31

May 9, 2019|Constitutionalism, District of Columbia v. Heller, Janus v. American Federation of State County and Municipal Employees Council 31, Masterpiece Cakeshop v. Colorado Civil Rights Commission, Murphy v. National Collegiate Athletics Association, NIFLA v. Becerra, Obergefell v. Hodges, symmetry

Symmetric Constitutionalism: A Judicial Ethos for Polarized Times

by Zachary S. Price|8 Comments

BCFC/Shutterstock.com

Courts should seek doctrinal principles that bear even-handed application across different contexts with differing ideological implications.

March 13, 2019|Abood v. Detroit Board of Education, Janus v. American Federation of State County and Municipal Employees Council 31, New Deal, NLRA

Getting Over the New Deal with Janus

by Mark Pulliam|10 Comments

U.S. Supreme Court (Orhan Cam/Shutterstock.com).

The real lesson of Janus is that the Court is no longer infatuated with the National Labor Relations Act and its doctrinal baggage.

December 24, 2018|Abood v. Detroit Board of Education, bar associations, Janus v. American Federation of State County and Municipal Employees Council 31, Public Unions

Beyond Janus: Revisiting the Unified Bar

by Mark Pulliam|9 Comments

BCFC/Shutterstock.com

The era of Lathrop’s “goose-stepping brigades” is about to end.

December 6, 2018|Abood v. Detroit Board of Education, activism, Janus v. American Federation of State County and Municipal Employees Council 31, Knox v. SEIU, Public Unions

After Janus, What’s Next?

by Mark Pulliam|9 Comments

Members of the American Federation of State County and Municipal Employees union at the Illinois State Capitol in Springfield, Ill. (AP Photo/Seth Perlman)

The era of government-compelled financial support of public sector unions is finally over.

July 3, 2018|Compelling Interest, Individual Rights, Janus v. American Federation of State County and Municipal Employees Council 31, Manksy, Samuel Alito

A National Test for our Constitutional Rights

by John O. McGinnis|4 Comments

BCFC/Shutterstock.com

The Supreme Court should test laws against rights in a consistent way, and one way to this is to evaluate whether laws actually meet an essential objective.

February 26, 2018|Abood v. Board of Education, First Amendment, Friedrichs v. California, Harris v. Quinn, Janus v. American Federation of State County and Municipal Employees Council 31, Knox v. SEIU, Public Sector Unions

Will the Janus Case Strike the Deathblow to Public Sector Unions?

by Mark Pulliam|21 Comments

US Supreme Court, Washington DC,

A badly-flawed precedent is about to get KO’d in a rematch of a contest that last ended in a draw.

Justifying Originalism

A discussion with Lee J. Strang

Originalism provides the surest way to access the Constitution's legal meaning and then to implement it over time.

How Sheen, King, & Falwell Changed American Politics

A discussion with James M. Patterson

James Patterson talks about three legendary clergymen in America and how they shaped our public discourse.

Dissecting the Trump-Russia Investigations: A Conversation with Andrew McCarthy

A discussion with Andrew McCarthy

Andrew McCarthy discusses the investigations of the Trump campaign's alleged collusion with the Russian government.

An Invitation to the Land of Hope: A Conversation with Bill McClay

A discussion with Wilfred M. McClay

Bill McClay talks with Richard Reinsch about his new book, Land of Hope.

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