Abood Back in the Cross Hairs
January 07, 2016
On Monday, January 11, the U.S. Supreme Court will hear oral argument in Friedrichs v. California Teachers Association, a potentially momentous case that challenges the constitutionality of “agency shop” clauses in public-sector union contracts, which require all employees in the bargaining unit to financially support the union. The seminal SCOTUS decision on this issue, Abood v. Detroit Board of Education, 431 U.S. 209 (1977) was subjected to withering criticism in Harris v. Quinn, 573 U.S. ___, 134 S. Ct. 2818 (2014), leading some observers (me included) to speculate that the Court may now be willing to overrule Abood altogether.
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