The Federalist Society posted a blog post that my colleague David Dewhirst and I wrote on a follow up case to Friedrichs v. California Teachers Association. That case asked the Court whether to overrule Abood v. Detroit Board of Education, which held that the state can compel public employees to pay the agency fee for collective bargaining as condition of employment. Since Abood was decided in 1977, it has come under heavy criticism, and it looked like the Court would overrule it in  Friedrichs. Unfortunately, after Friedrichs was fully briefed and oral argument was held, Justice Antonin Scalia passed away. The Court eventually deadlocked 4-4, and Abood survived another day.

David and I explain the problems with Abood and a case that may soon be heard by the Court that will finish off what Friedrichs started. As David and I explain, if the Senate confirms Judge Neil Gorsuch, “it would appear–once again–that Abood is operating on life support.” You can read the full post here.