“If the court overrules Abood and finds that agency fees constitute compelled speech or association and thereby contravene the First Amendment, the court will constitutionalize a right-to-work regime for every public sector job in the United States,” Benjamin Sachs, a Harvard Law School professor, wrote in a recent post on the blog On Labor. “As a constitutional rule, this public-sector right-to-work requirement could not be undone by any legislature, even by the U.S. Congress.”
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