William A. Herbert & Joseph A. McCartin

William A. Herbert is Distinguished Lecturer and Faculty Associate at the Roosevelt House Public Policy Institute, Hunter College, City University of New York.

Joseph A. McCartin is professor of history and director of the Kalmanovitz Initiative for Labor and the Working Poor at Georgetown University.

Recent Articles

Janus’s Progeny? A Supreme Court Threat to Majority Rule Looms

Two cases the Court is considering taking could undermine collective bargaining—and democracy as we know it. 

At a time when democracy is under attack around the world, the Supreme Court is currently contemplating taking two labor rights cases that pose a profound threat not just to collective bargaining but to the foundational principle of majority rule. Article IV of the Constitution mandates that our national government guarantee that each state maintain a republican form of government. As we know, republican governance includes selection of representatives by a majority in a designated area. An elected representative has exclusive responsibility to represent everyone until the representative’s term ends. While the minority and nonvoters can petition and protest, they are not entitled to an alternative representative or no representative. The principles of republican democracy permeate state-created institutions, including town, zoning, and school boards; student governments, faculty governance in higher education, and collective bargaining. We are unaware of any case in which the...