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by dantheman 2955 days ago
The Janus ruling will be about whether public sector unions can force government employees to pays dues to their union. If you believe this is compelled speech, it doesn't matter if there are decades of laws -- they are invalid.

There's decades of laws that made interracial marriage illegal (Loving v. Virginia), and the supreme court overruled them too. If the constitution forbids a government action then it's up to the supreme court to overrule it.

1 comments

Yes, there are instances of decades of legal precedent being overturned. In the case of Janus though I think it's a bit different. For one, I think the argument that being forced to pay fair share dues constitutes compelled speech is not even specious. It's, on it's face, wrong in my opinion. So Janus appears from my perspective to be more on the legislative side. This is especially so given that Gorsuch in the ruling that the thread is nominally about said that it's up to the legislature to change things.