Could Originalism Save Public Sector Unions?

Source: Maddy Joseph, On Labor blog, June 7, 2018

Justice Gorsuch’s silence during the Janus oral argument generated considerable buzz. Wishful (yet tentative) commentators hoped the silence was a sign that the new Justice’s originalism would lead him to uphold Abood. To be sure, Justice Thomas, the Court’s other steadfast originalist, voted with the majority in Harris. And commentators have largely assumed that both Justices will vote with Janus here. But winning over either Justice Gorsuch or Justice Thomas could be Abood’s best hope for survival. ….