The Roberts Court and Compulsory Collective Bargaining: Reading the Tea Leaves after Janus
The Roberts Court has become strident in its defense of the First Amendment. If litigants can manage to frame an issue as a government infringement on their right(s) to speech, expression, or free exercise of religion, they are likely to succeed in attracting the Court’s scrutiny. As most first-year law students can tell you, the determination of the level of scrutiny the Court will place on the government will often determine whether the regulation in question will be permit-ted to stand. With that in mind, the way Justice Alito framed the issue of collective bargaining in his majority opinion in Janus bears watching for what it could mean for the future of compulsory collective bargaining.