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Tag: Justice Elena Kagan

Janus v. AFSCME and “Weaponizing the First Amendment”

Janus v. AFSCME and “Weaponizing the First Amendment”

Michael J. Yelnosky, dean of the RWU School of Law and professor of law: On June 27, the U.S. Supreme Court announced its 5-4 decision in Janus v. AFSCME. The majority held that the First Amendment prohibited the enforcement of ubiquitous provisions in collective bargaining agreements between public sector labor unions and government employers requiring all employees represented by the union to pay their share of the costs the union incurs when bargaining with the employer on their behalf. In doing…

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How Will Supreme Court Slice Wedding Cake Case?

How Will Supreme Court Slice Wedding Cake Case?

Diana Hassel, law professor and associate dean for academic affairs at the RWU School of Law: The U.S. Supreme Court recently heard arguments in Masterpiece Cakeshop v. Colorado Civil Rights Commission, a case that pits the First Amendment right of expression of a cake maker against the right not be discriminated against based on sexual orientation. The high court must determine whether the right to be free from discrimination takes priority over religious objections. As part of its growing solicitude…

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