Cato Event Podcast

On February 26, the Supreme Court will hear oral argument in Janus v. American Federation of State, County, and Municipal Employees (AFSCME), a case that has the potential to overturn a 40-year-old precedent (Abood v. Detroit Board of Education) that allows public-sector unions to charge nonmembers “agency fees.” Currently, half the states have laws that enable such fees. Mark Janus—an Illinois state employee but not a union member—objects generally to being required to pay AFSCME, as well as to these funds being used to support the union’s ongoing legal fight against the governor’s policy reforms. Janus sued the union for violating his First Amendment rights by compelling these payments. In addition to their responses to that constitutional claim, AFSCME and Illinois have argued throughout the litigation that stare decisis—the prudential doctrine regarding judicial respect for settled precedent—demands that Abood be maintained. Cato filed a brief discussing the