Today’s announcement that Justice Kennedy is retiring overshadowed one of the Supreme Court’s final decisions of the term, Janus v. AFSCME. The Cour in Janus held that requiring non-members of public sector unions to pay their “fair share” of dues to pay for collective bargaining violates the First Amendment. The decision was not a surprise. This decision was poised (in another case) when Scalia died, and with Gorsuch the deciding factor, unions have been fearing this day for awhile.

Before I was a labor arbitrator, I was a labor lawyer representing unions, and we saw this day on the…