For the second time in two years, the U.S. Supreme Court heard arguments on the constitutionality of union “fair share” fees, and the justices appeared just as ideologically divided as they were the first time.

But with Justice Neil Gorsuch on the bench, there will be no deadlock in Janus v. AFSCME as there was in 2016 in Friedrichs v. California Teachers Association. The death of Justice Antonin Scalia that year left the court with eight members. Gorsuch, widely predicted to cast the decisive vote striking down the fees, gave no indication of where he stood during the hourlong arguments in Janus. He did not ask any questions.

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