Tonight’s question, greetings, and banter here. (More)

Today a Scalia-less U.S. Supreme Court split 4-4 and let stand a Ninth Circuit decision protecting public employee unions. The issue in Friedrichs vs. California Teacher’s Association was “agency fees” that 23 states let unions gather from non-members who get the benefits of union contracts. Business groups claimed the fees violated First Amendment free speech rights, but the fees can only be used to pay for negotiations and arbitration, not on the union’s political activities. Does today’s non-decision heighten the stakes for replacing Scalia?

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