Kennedy’s Legacy in Employment Law, What’s Next

U.S. Supreme Court Justice Anthony Kennedy announced his retirement only hours after the court handed down its 5-4 ruling June 27 that public employees don’t have to pay “fair share” union fees.

Kennedy has been hailed for years as the court’s swing vote on major social disputes, and his lasting impact in the employment law arena will be seen as generally conservative and pro-employer, attorneys tell Bloomberg Law.

This term alone, Kennedy voted with the conservative block on Janus v. AFSCME Council 31, Trump v. Hawaii, and Epic Systems Corp. v. Lewis, all of which were 5-4 decisions along ...