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That actually makes some sense as to why, although I don't agree with it.
What it does expose is the hypocrisy of the far right. They scream about "smaller government" and "let the states decide" but when the states don't decide in their favor they want the federal government to intervene.
This is a First Amendment case. Janus feels that he is being made to subsidize political speech with which he disagrees. Cite me the example where the "far right" has ever said that the U.S. government should not be able to enforce the U.S. Constitution.
The problem with public sector unions is that they are a kickback scheme. The contracts are negotiated between the union, and the reps of politicos whom the union helped elect. This would be unethical or illegal in most contexts. If you told your boss, "boss give me a $1000 raise, and I'll kick back $500 of it to you," you would both be fired if found out. But this is essentially how public sector union contract negotiations work.
I am pro-union. There are good arguments that even public sector employees need some form of representation. However massive reform is needed to the current system to somehow eliminate the kickback aspect. Perhaps we will get that after the Janus decision is announced.
BTW, I don't think it's a slam dunk that Gorsuch will hand the victory to Janus. There are good arguments on both sides of the case. Janus argues that he is being forced to subsidize speech. We do that all the time w/ taxes. As a taxpayer, I was forced to help pay for a stupid 'drug free zone' sign on a sidewalk near where I live. Somehow I doubt that the druggies are persuaded to quit by that sign.
Given that the 4 conservative justices all ruled 'yes' on a similar case last year, which ended in a 4-4 tie (Friedrichs vs Caif. teachers' assoc), the odds do favor Janus.
And I believe it should with the caveat that they address the free rider issue that Scalia wrote about in Abood.
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