Impact
The Davenport ruling was moot the moment it was issued, for the Washington state legislature had, before the ruling was handed down, changed the law to make it far easier for unions to comply with its provisions.
Nonetheless, legal scholars have been highly critical of the Supreme Court's ruling in Davenport. As one legal scholar (who is highly critical of the agency fee), has said, "Correctly understood, this decision promises little and delivers even less because it fails to deal decisively and comprehensively with the issues that both earlier private sector and public sector union dues disputes illuminated but failed to settle." Other legal scholars have criticized Justice Scalia's judicial reasoning in Davenport, concluding that he should have ruled solely on First Amendment grounds and overturned the agency fee law entirely.
Read more about this topic: Davenport V. Washington Education Association
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