Janus v. American Federation of State, County, and Municipal Employees

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Janus v. American Federation of State, County, and Municipal Employees

law case

Also known as: Janus v. AFSCME

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July 21, 2026

Quick Summary

The Supreme Court case Janus v. American Federation of State, County, and Municipal Employees (2018) overturned the precedent set by Abood v. Detroit Board of Education (1977). Previously, Abood allowed public-sector unions to collect agency fees from non-union employees to cover collective bargaining costs, but not for political or ideological activities.12

However, Janus ruled that mandatory agency fees for public-sector employees are unconstitutional. The Court determined that requiring non-union employees to pay these fees effectively compels them to subsidize union speech on significant public matters, which violates their First Amendment rights. This decision invalidated agency shops for all public-sector workers in the United States.1

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Abood v. Detroit Board of Education
Opinion
In Janus v. American Federation of State, County, and Municipal Employees (2018), the Supreme Court finally overturned the Abood decision, ruling (5–4) that it was “inconsistent with standard First Amendment principles,” because service fees for collective-bargaining activity effectively compel nonunion employees to subsidize union speech on…
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In Janus v. American Federation of State, County, and Municipal Employees (2018), the Supreme Court finally overturned the Abood decision, ruling (5–4) that it was “inconsistent with standard First Amendment principles,” because service fees for collective-bargaining activity effectively compel nonunion employees to subsidize union speech on…
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agency shop
In Janus v. American Federation of State, County, and Municipal Employees (2018), the Supreme Court overturned Abood and invalidated the agency shop for all public-sector employees, holding that mandatory service fees effectively compel nonunion employees to subsidize union speech on matters of “great public importance” (because…
Read More
In Janus v. American Federation of State, County, and Municipal Employees (2018), the Supreme Court overturned Abood and invalidated the agency shop for all public-sector employees, holding that mandatory service fees effectively compel nonunion employees to subsidize union speech on matters of “great public importance” (because…
Read More

Samuel A. Alito, Jr.
Majority opinions written by Alito
In Janus v. American Federation of State, County, and Municipal Employees (2018), Alito overruled the Court’s earlier decision in Abood v. Detroit Board of Education (1977), holding that First Amendment free-speech protections prohibit laws that permit public-sector unions to collect fees from non-consenting nonunion employees
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In Janus v. American Federation of State, County, and Municipal Employees (2018), Alito overruled the Court’s earlier decision in Abood v. Detroit Board of Education (1977), holding that First Amendment free-speech protections prohibit laws that permit public-sector unions to collect fees from non-consenting nonunion employees
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Harris v. Quinn
…overruled by the Court in Janus v. American Federation of State, County, and Municipal Employees [2018]). Kagan’s opinion was joined by Justices Stephen Breyer, Ruth Bader Ginsburg, and Sonia Sotomayor.
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…overruled by the Court in Janus v. American Federation of State, County, and Municipal Employees [2018]). Kagan’s opinion was joined by Justices Stephen Breyer, Ruth Bader Ginsburg, and Sonia Sotomayor.
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United States
The Supreme Court decision upholding the travel ban, its ruling on Janus v. American Federation of State, County and Municipal Employees, No. 16-1466, and the retirement of Anthony Kennedy
…5–4 decision in June on Janus v. American Federation of State, County and Municipal Employees, No. 16-1466, which overturned the precedent established in a 1977 decision and found that public-sector employees who chose not to join unions could not be required to pay fees to support collective bargaining.
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…5–4 decision in June on Janus v. American Federation of State, County and Municipal Employees, No. 16-1466, which overturned the precedent established in a 1977 decision and found that public-sector employees who chose not to join unions could not be required to pay fees to support collective bargaining.
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labour law
Trade unions and industrial relations
…precedent was later overturned in Janus v. American Federation of State, County, and Municipal Employees (2018), in which the Court declared that nonunion employees must affirmatively consent to paying agency fees.
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…precedent was later overturned in Janus v. American Federation of State, County, and Municipal Employees (2018), in which the Court declared that nonunion employees must affirmatively consent to paying agency fees.
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Select Decisions of the United States Supreme Court
Janus v. American Federation of State, County, and Municipal Employees 2018 Overturned the Court’s earlier decision in Abood v. Detroit Board of Education, ruling that compelled funding of collective bargaining activities effectively subsidizes union speech on matters of “great public importance.” Masterpiece Cakeshop, Ltd. v.…
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Janus v. American Federation of State, County, and Municipal Employees 2018 Overturned the Court’s earlier decision in Abood v. Detroit Board of Education, ruling that compelled funding of collective bargaining activities effectively subsidizes union speech on matters of “great public importance.” Masterpiece Cakeshop, Ltd. v.…
Read More

trade union
Modern developments
In Janus v. American Federation of State, County, and Municipal Employees (2018), the U.S. Supreme Court held that public employees cannot be required to pay service fees to a union to support its collective-bargaining activities on their behalf.
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In Janus v. American Federation of State, County, and Municipal Employees (2018), the U.S. Supreme Court held that public employees cannot be required to pay service fees to a union to support its collective-bargaining activities on their behalf.
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Wagner Act
In Janus v. American Federation of State, County, and Municipal Employees (2018), the U.S. Supreme Court invalidated the agency shop for all public-sector employees.
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In Janus v. American Federation of State, County, and Municipal Employees (2018), the U.S. Supreme Court invalidated the agency shop for all public-sector employees.
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