Document Type
Article
Publication Date
6-2019
Abstract
In ancient Roman religion and myth, Janus is the god of beginnings, transitions, and endings. He is often depicted as having two faces, one looking to the future and one to the past. The Supreme Court’s Janus v AFSCME case of last Term is fittingly named.1 Stunning in its disregard of principles of stare decisis, Janus overruled the forty-yearold precedent Abood v Detroit Board of Education. 2 The Janus decision marks the end of the post–New Deal compromise with respect to public sector unions and the FirstAmendment.Looking to the future, Janus lays the groundwork for further attack on labor rights—as well as for a broader erosion of civil society and democracy at the expense of corporate power. In thatway, Janusrepresents an unequivocal transition to what Justice Kagan termed a “weaponized” view of the First Amendment among the Court’s majority—indeed, far more so than her dissent elaborates.
Recommended Citation
Andrias, Kate. "Janus's Two Faces." Sup. Ct. Rev. 2018 (2018): 21-58.
Included in
First Amendment Commons, Labor and Employment Law Commons, Supreme Court of the United States Commons