Apr. 20, 2018

'Janus' and the 'Government Could Not Work' Doctrine

SCOTUS seems poised to invalidate compelled public union dues on First Amendment grounds, but some argue the Court's skeptical eye overlooks an implicit doctrine unifying much of its historic jurisprudence, namely that compelled transfers of money (e.g. taxes, minimum wage laws) are regular governmental functions not meriting heightened judicial scrutiny. Nikolas Bowie (Harvard Law School) explains the argument, and his forthcoming paper on the 'Government Could Not Work' doctrine.