IMF Head Foresees The End Of Banking As Bitcoin Surges Above $4400

Authored by Jeffrey Tucker via The Foundation for Economic Education,

In a remarkably frank talk at a Bank of England conference, the Managing Director of the International Monetary Fund has speculated that Bitcoin and cryptocurrency have as much of a future as the Internet itself.

It could displace central banks, conventional banking, and challenge the monopoly of national monies.  

Christine Lagarde–a Paris native who has held her position at the IMF since 2011–says the only substantial problems with existing cryptocurrency are fixable over time.

In the long run, the technology itself can replace national monies, conventional financial intermediation, and even "puts a question mark on the fractional banking model we know today."

In a lecture that chastised her colleagues for failing to embrace the future, she warned that "Not so long ago, some experts argued that personal computers would never be adopted, and that tablets would only be used as expensive coffee trays. So I think it may not be wise to dismiss virtual currencies."

Here are the relevant parts of her paper:

Let us start with virtual currencies. To be clear, this is not about digital payments in existing currencies—through Paypal and other “e-money” providers such as Alipay in China, or M-Pesa in Kenya.

 

Virtual currencies are in a different category, because they provide their own unit of account and payment systems. These systems allow for peer-to-peer transactions without central clearinghouses, without central banks.

 

For now, virtual currencies such as Bitcoin pose little or no challenge to the existing order of fiat currencies and central banks. Why? Because they are too volatile, too risky, too energy intensive, and because the underlying technologies are not yet scalable. Many are too opaque for regulators; and some have been hacked.

 

But many of these are technological challenges that could be addressed over time. Not so long ago, some experts argued that personal computers would never be adopted, and that tablets would only be used as expensive coffee trays. So I think it may not be wise to dismiss virtual currencies.

 

Better value for money?

For instance, think of countries with weak institutions and unstable national currencies. Instead of adopting the currency of another country—such as the U.S. dollar—some of these economies might see a growing use of virtual currencies. Call it dollarization 2.0.

 

IMF experience shows that there is a tipping point beyond which coordination around a new currency is exponential. In the Seychelles, for example, dollarization jumped from 20 percent in 2006 to 60 percent in 2008.

 

And yet, why might citizens hold virtual currencies rather than physical dollars, euros, or sterling? Because it may one day be easier and safer than obtaining paper bills, especially in remote regions. And because virtual currencies could actually become more stable.

 

For instance, they could be issued one-for-one for dollars, or a stable basket of currencies. Issuance could be fully transparent, governed by a credible, pre-defined rule, an algorithm that can be monitored…or even a “smart rule” that might reflect changing macroeconomic circumstances.

 

So in many ways, virtual currencies might just give existing currencies and monetary policy a run for their money. The best response by central bankers is to continue running effective monetary policy, while being open to fresh ideas and new demands, as economies evolve.

 

Better payment services?

For example, consider the growing demand for new payment services in countries where the shared, decentralized service economy is taking off.

 

This is an economy rooted in peer-to-peer transactions, in frequent, small-value payments, often across borders.

 

Four dollars for gardening tips from a lady in New Zealand, three euros for an expert translation of a Japanese poem, and 80 pence for a virtual rendering of historic Fleet Street: these payments can be made with credit cards and other forms of e-money. But the charges are relatively high for small-value transactions, especially across borders.

 

Instead, citizens may one day prefer virtual currencies, since they potentially offer the same cost and convenience as cash—no settlement risks, no clearing delays, no central registration, no intermediary to check accounts and identities. If privately issued virtual currencies remain risky and unstable, citizens may even call on central banks to provide digital forms of legal tender.

 

So, when the new service economy comes knocking on the Bank of England’s door, will you welcome it inside? Offer it tea—and financial liquidity?

 

New models of financial intermediation

This brings us to the second leg of our pod journey—new models of financial intermediation.

 

One possibility is the break-up, or unbundling, of banking services. In the future, we might keep minimal balances for payment services on electronic wallets.

 

The remaining balances may be kept in mutual funds, or invested in peer-to-peer lending platforms with an edge in big data and artificial intelligence for automatic credit scoring.

 

This is a world of six-month product development cycles and constant updates, primarily of software, with a huge premium on simple user-interfaces and trusted security. A world where data is king. A world of many new players without imposing branch offices.

 

Some would argue that this puts a question mark on the fractional banking model we know today, if there are fewer bank deposits and money flows into the economy through new channels.

 

How would monetary policy be set in this context?

Today’s central banks typically affect asset prices through primary dealers, or big banks, to which they provide liquidity at fixed prices—so-called open-market operations. But if these banks were to become less relevant in the new financial world, and demand for central bank balances were to diminish, could monetary policy transmission remain as effective?

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Energy Secretary Rick Perry Orders Regulators to Figure Out How to Keep Renewables from Crashing the Electric Power Grid

CandlesLightBulbsAreeyaSlangsingDreamstimeAdding solar and wind power to the electricity grid poses both technical and financial challenges. Specifically, what alternative supplies of electricity will come online when the wind falters and the sun is down, and how will those sources of energy be paid for?

Energy Secretary Rick Perry is asking the Federal Energy Regulatory Commission (FERC) to address those issues in the next 60 days.

Electricity produced from subsidized wind and solar power generally gets purchased first, since it is cheaper than supplies from conventional coal, gas, and nuclear power plants. Wind power has been so abundant in some markets that at times the generators paid people to take their electricity, since they still make a profit from their subsidies. How can conventional generators compete against not just free power, but power that consumers are being paid to take?

The result: As more subsidized renewable power has been added to electricity markets, along with power produced by burning cheap fracked natural gas, conventional power plants have been unable to pay for themselves and are increasingly being shuttered. Good riddance to fossil-fuel and nuclear dinosaurs, right? Not so fast. Renewable power is highly variable, so back-up generation is needed to ensure that power still gets to consumers. As conventional power plants close down, there is less capacity available to cover renewable power shortfalls. This could produce power outages and price spikes.

In his letter, Perry asks FERC to “issue rules to protect the American people from the threat of energy outages that could result from the loss of traditional baseload capacity.”

The upshot is that FERC is now supposed to figure out a way to pay the owners of nuclear and coal power plants to keep them available to generate power when renewable supplies prove inadequate. In other words, electric power rates to consumers will go up in order to make capacity payments to the owners of mostly idle conventional power plants. Proponents of renewable power generally fail to include these costs in their rosy calculations.

Graham Richard, head of the clean energy business lobbying group Advanced Energy Economy, calls the secretary’s proposal a “Perry energy tax.” He argues that the rule “would impose additional costs on consumers, lock in old technologies, and do nothing to make the electric power system more reliable or more resilient.”

“Nuclear and coal units have been rendered wasteful and inefficient because developments in energy markets—low-cost and flexible renewables, flatlining power demand and inexpensive natural gas—have made them too costly and obsolete,” claims Tyson Slocum, director of the activist group Public Citizen’s Energy Program. “It is an abomination for the U.S. Department of Energy…to demand that consumers now pay to keep these nuclear and coal power plants operating for some phantom, purported ‘resilience’ benefit.”

Not surprisingly, conventional power generators see more merit in the initiative. “We welcome Secretary Perry’s bold, decisive and proactive request for swift FERC reforms to address the threat to U.S. electric grid resiliency from premature retirements of fuel-secure traditional baseload resources, such as nuclear energy,” says a press release from the U.S. Nuclear Infrastructure Council.

Environmental Progress, the pro-nuclear climate activist group, took this angle: “The Trump administration can’t say it, but Environmental Progress can: the rule could be a huge win for the climate.” Why? Because nuclear power plants generate carbon-free electricity and capacity payments would help prevent them from being shut down.

Governments have been meddling in electric power markets ever since there have been electric power markets. “Nearly every aspect of electricity is now heavily regulated by multiple federal agencies,” points out the Institute for Energy. Government regulation “is supposed to protect the consumer, but in practice it often benefits other interest groups—or the utilities themselves—at the expense of consumers.”

Maintaining grid resilience is a real issue, but there is more than a whiff of crony capitalism about Perry’s initiative to establish capacity payments for conventional power generators. Better to roll back market distortions than to pile new distortions upon the old.

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Watch Live: President Trump To Address The Nation Following Las Vegas Shooting

Moments from now President Trump will address the nation following the horrific mass shooting in Las Vegas that has claimed the lives of at least 50 people and injured some 400 (see:  “Deadliest Mass Shooting In US History”: At Least 50 Killed, Over 400 Injured After Shooter Opens Fire At Las Vegas Concert).

The comments come after Trump issued his sympathies to the victims and families over Twitter after being briefed on the shooting earlier this morning. 

Tune in below for a live feed of Trump’s comments:

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Islamic State Claims Responsibility For Vegas Attack; Says Paddock “Converted To Islam Months ago”

In a bizarre development, the Islamic State’s news agency Amaq has claimed responsibility for the Las Vegas concert attack, alleging that Stephen Paddock is one of its “soldiers” and that he converted to Islam “months ago”.

To be sure, there is no evidence for these claims, and the statement comes after the Las Vegas police stated earlier that there is no link to international terrorism.

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ISM Survey Says Manufacturing In America Is The Greatest In 13 Years

Following modest drops in UK and EU PMIs (and a mixed picture in China), Markit's US Manufacturing PMI inched higher in September amid schizophrenic collapse in output growth (14mo lows) and surge in employment (9mo highs). ISM, on the other hand, reported that US Manufacturing has not been this awesome since June 2004.

Prices Paid are soaring helping Make Manufacturing in America Great Again

 

As New Orders jump (but remain well below early 2017 highs…

 

The surge in prices paid and deliveries stand out…

As a reminder, ISM and Markit have seen very different views of the US Manufacturing 'recovery' in recent months, as 'real' economic data has actually collapsed…

While ISM headline seems awesome, at least half of the respondents mentioned problems associated with the hurricanes…

  • "Hurricanes causing supply chain and pricing issues." (Chemical Products)
  • "Business levels continue [to be] strong; usually by now, a seasonal downturn begins." (Machinery)
  • "Energy sector (oil and gas) continues to be strong. Price of oil appears to be beginning to stabilize." (Computer & Electronic Products)
  • "We’ve had a very good year and we are forecasting continued strong demand for our product in 2018." (Miscellaneous Manufacturing)
  • "Business is strong. However, we are concerned about price increases due to the hurricanes." (Plastics & Rubber Products)
  • "We are closely watching the Houston events as many of our production chemicals are produced in the Gulf region. Some tightening of supply and/or price increases expected." (Paper Products)
  • "Labor shortages continue to haunt operational capacity both at [the] local plant [level] and up and down the supply chain."(Transportation Equipment)
  • "Hurricanes Harvey and Irma will have significant effects on input costs. Disruption in supply chain. Concerns of transportation." (Food, Beverage & Tobacco Products)
  • "Hurricane Harvey, and now Irma, have impacted the business (building materials). Increasing sales but also causing significant price increases on input raw materials.&quot (Nonmetallic Mineral Products)
  • "Lumber prices starting to drop, and log prices starting to increase. Not the best combination.&quot (Wood Products)

Commenting on the much more 'normal' final PMI data, Chris Williamson, Chief Business Economist at IHS Markit said:

“While the headline PMI remained resiliently elevated in September, despite disruption from hurricanes Harvey and Irma, the details of the survey are more worrying. Output growth was unchanged on August’s 14-month low, and translates into stagnation at best in terms of the official manufacturing output data. Firms’ expectations of future output growth also slipped to a four-month low.

 

“There was better news on the hiring front, with job creation perking up to a nine-month high. However, with employment rising faster than output, productivity may be slipping.

 

“Although the hurricanes appear to have made little overall impact on production, supply delays were widely reported and prices for many inputs rose, suggesting some near-term upward pressure on inflation.”

Rather oddly, as Manufacturing output has declined, employment has improved notably…

'transitory?"

Of course we are used to signals being completely contradictory in other nations…

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Las Vegas Shooting Update: 50 Dead, More Than 400 Injured

At least 50 people have died and more than 400 were transported to hospitals in the wake of a mass shooting at an outdoor concert in Las Vegas.

According to the Las Vegas Metropolitan Police Department, a 64-year-old Nevada man, Stephen Craig Paddock, opened fire on a crowd of more than 22,000 people from a balcony on the 32nd floor of the Mandalay Bay Hotel late Sunday night.The victims were attending a country music concert across the street from the hotel.

In a statement Monday morning, the LVMPD said a SWAT team responded to the call, breached the hotel room where Paddock was holed up, and found the suspect dead from a self-inflicted gunshot wound. Former Las Vegas police officer Randy Sutton told CBS News that authorities found the shooter in the hotel because “the smoke detector in the room went off from the amount of smoke that came from firing that fully automatic weapon,” though neither the story nor the weapons used by the gunman were confirmed as of Monday morning. Concert-goers who witnessed the shooting told CBS News they could see muzzle flashes coming from the Mandalay Bay hotel.

Videos posted online show scenes of confusion followed by panic and chaos as shots rained down on the crowd during Jason Aldeen’s performance Sunday night at the Route 91 Harvest Festiful. The singer later posted on Instagram that he and his crew were safe.

Police say Paddock acted alone, though a woman who lived at the same Mesquite, Nevada, address was sought by police earlier Monday, according to multiple media reports. Police now say she is not considered an accomplice, was out of the country at the time of the shooting, and the scene of the shooting is considered “static.”

Unconfirmed reports said Paddock had between eight and 10 guns stashed in his hotel room. It is still unclear which weapons he owned, whether he owned them legally, or whether they were semi-automatic or fully automatic. As Nick Gillespie noted earlier today, machine guns (which are fully automatic weapons) can be legally owned, but it is extremely difficult for private citizens to possess them legally, so it’s likely that if Paddock did use one to commit these murders, it was in violation of existing laws. Nevada has liberal gun-ownership laws, a reality that has already sparked calls for stricter gun control.

No motive on the part of the killer has been discovered so far, but local police have said they didn’t have prior contact with the 64-year-old Vegas resident and no sources close to the investigation have suggested ideological, religious, or terroristic motivation. Public records indicate that Paddock had a hunting license, was a pilot, and had a lawsuit against a casino years ago.

The Las Vegas Review-Journal reported Monday that court records show Paddock does not have a criminal record in Las Vegas.

If the 50 dead are all the result of gun fire—as opposed to, say, the result of a stampede as people fled the outdoor concert space—it would be the deadliest mass shooting in American history, surpassing the 49 people killed last year at a nightclub in Orlando.

President Donald Trump is scheduled to give remarks about the shooting at 10:30 a.m.h

LVMPD and Clark County Coroner’s Office have set up a hotline for family or friends to report a missing loved one connected to this incident. The hotline is only to take reports on missing people. The number is (866) 535-5654.

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VIX ‘Spikes’ Above 10 As Market Breaks…

It appears the crucial link between HFT algos and the options market just broke as BATS options exchanges have declared self-help again NASDAQ ISE. VIX is spiking as stocks open, but stocks limping very modestly lower.

  • *BATS:ROUTING TO NASDAQ ISE HAS BEEN SUSPENDED AS OF 09:32:33 ET
  • *BATS BZX OPTIONS EXCHANGE HAS DECLARED SELF-HELP VS NASDAQ ISE
  • *BATS EDGX OPTIONS EXCHANGE HAS DECLARED SELF-HELP VS NASDAQ ISE

Certainly some odd behavior around the open.

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Red Alert: the Market Rigs Have Unleashed the “I” Word

Central Banks have FINALLY created inflation.

Starting in late 2016, Central Banks began actively rigging the stock market via a number of gimmicks.

They are:

1)   Slamming the VIX lower to force risk-parity funds to buy stocks.

2)   Selling the Japanese Yen and buying $USD to force stocks higher via the Yen carry trade.

3)   Outright buying stocks and ETFs directly.

All three of these strategies involve a Central Bank actively printing money and funneling directly into the financial markets.

And THAT is a game-changer.

Up until this point, Central Banks have been rigging the markets indirectly by attempting to corner the bond market via QE and interest rates. In the simplest of terms, these policies forced investors to move capital into stocks and other risk assets in order to seek higher returns.

As such these were indirect market rigs in that they didn’t involve Central Banks actively funneling money STRAIGHT into the financial markets.

Not anymore.

Since November 2016, Central Banks have been funneling money straight into the financial markets in an attempt to rig stocks.

Put simply, globally Central Banks have been spending tens and possibly even hundreds of billions of dollars propping up the stock market in the last 11 months.

THAT is a game-changer. And it is going to unleash inflation in the financial system.

The $USD has already caught on to this, having dropped 10%. And the long-term chart is even uglier.

This is THE trend of the next six months. If you’re not taking steps to actively profit from this, it’s time to get a move on.

We  published a Special Investment Report concerning a secret back-door play on Gold that gives you access to 25 million ounces of Gold that the market is currently valuing at just $273 per ounce.

The report is titled The Gold Mountain: How to Buy Gold at $273 Per Ounce

Today is the final day this report will be available to the public.

To pick up yours, swing by:

http://ift.tt/1TII1fq

Best Regards

Graham Summers

Chief Market Strategist

Phoenix Capital Research

 

 

 

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Bill Blain: “Catalan Separatists Made The Risk Of Spain’s Wealthiest Region Decoupling Into A High Probability Event”

Submitted by Bill Blain of Mint Partners

“Reputations changeable, Situations Tolerable. Baby you’re adoreable.”

It’s the start of Q4 and October, always the most volatile month of the year – and it’s started with shock and surprise. Just a few years ago it would have been inconceivable Spain’s vibrant democracy might stumble towards the verge of dismemberment. But this morning…Spain bonds under pressure.. Anyone who thinks populism is dead is profoundly wrong. If it can happen in Spain… it can happen elsewhere.

Big and small political surprises define market..

What did happen yesterday?

It’s about how the story is told.

Maybe the Catalans got lucky, or maybe they planned it this way, but whatever, they just pulled off a stunning success in terms of managing the narrative and setting the agenda. The world heard and saw exactly what they wanted us to see: the Spanish Government defining democracy by denying people the right to express their desires with violence, guns and tear gas.

In a single day the rebels made previous legitimate constitutional and political arguments irrelevant. It looks like they drove Madrid into and through this crisis – giving them no options or opportunities for dialog, forcing them to react and successfully painting Madrid to the world as the dictatorial baddies. Now, no one is even remotely interested that the economics conclusively demonstrate what a spectacularly bad idea an independent Catalunya will be. The rebels have reset the whole debate in their favour – polarising domestic and international opinion while seeding their revolution with a couple of million votes.

The referendum was always irrelevant – although we’ll hear plenty about its legitimacy in coming days. The only thing the rebels haven’t done yet is leave even a very small window open for the Spanish to start negotiations on.

It was a textbook media win. It’s an issue for markets. 

The critical thing for markets is the Catalan Separatists have turned what was initially a very small likelihood risk of Spain’s wealthiest region decoupling, into a relatively high probability event.

What are the likely implications for markets? Does a butterfly fluttering its wings in Barcelona cause a cyclone in Milan? Italy remains front and centre our biggest European risk!

And British politicians should be very careful – I’m thinking you BoJo! Keep foot out of mouth. Don’t rule of the populist wee Nicola North of Wall declaring her solidarity with the oppressed Catalans, and announcing another neverendum as Theresa May lurches from one disaster to another.

Opportunism and politics go together.. Populism gives hope to all kinds of nutters clinging to nonsense hopes – like a former grandee of the Conservative Party declaring “its not too late to undo Brexit and remain in Europe..”

Meanwhile.. Spain is not so far away… unless you are trying to fly there on Monarch or Ryan Air…

As Monarch goes down the tubes, how does that affect the growing market in aircraft linked bonds. As readers will be aware, it’s a sector we’re involved in, and I’ll be scribbling up some details later this morning. Let me know if you’re interested. I don’t think it’s a game changer in aircraft values, but identifies a weakness in some airline models.

And it’s the first trading day of October. I’m sticking with my prediction that long-term it’s an equity positive market, but short term complacent markets will get a corrective spanking this month. Vix is too low, complacency is too high. When it corrects – get yer buying boots out..

Finally, it was an incredibly busy train this morning. In the 10-years since we bought the house in Hamble, the trains from Southampton to London have been getting busier every year despite rising ticket prices, patchy service, and the overcrowding. What does it mean? Is it because the economy is heating up, or that more and more folk working in London can’t afford to live there? I suspect the latter.

Sadly, the crowded trains bring out the worst in people – like the prat who barged his way in front of the queue of people politely waiting their turn to get on the packed train this morning. Well spoken chap but not an ounce of remorse about his actions. Sat down, put on headphones and pointedly ignored everyone fuming at him. He was bald wearing a blue Rab jacket, Chinos and brown brogues.

Complete and utter bottom.

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3 Supreme Court Cases to Watch in Fall 2017

The U.S. Supreme Court is back in session today after its summer break, and the new term is already shaping up to be an explosive one. Here are three cases to watch in the coming months:

1. Carpenter v. United States

The Fourth Amendment guarantees “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Yet according to the U.S. Supreme Court’s 1979 decision in Smith v. Maryland, “a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties.”

Otherwise known as the third-party doctrine, this legal rule has been a great gift to law enforcement agencies on both the federal and state levels. Let’s say the police want to know the email addresses of your correspondents, or the URLs of the websites you have visited. Under the third-party doctrine, the police do not need a search warrant (issued upon probable cause) to get that information from your internet service provider.

But doesn’t the idea of granting vast warrantless search powers to the police run afoul of the bedrock protections enshrined in the Fourth Amendment?

The Supreme Court will grapple with those questions this term in Carpenter v. United States. At issue is whether the FBI violated the Fourth Amendment when it obtained, without a search warrant, the cellphone records of suspected armed robber Timothy Carpenter. With those records, law enforcement officials identified the cell towers that handled the suspect’s calls and then proceeded to trace back his whereabouts during the time periods in which his alleged crimes were committed. That information was used against Carpenter in court.

According to Carpenter and his lawyers, “carrying a smartphone, checking for new emails from one’s boss, updating the weather forecast, and downloading directions ought not license total surveillance of a person’s entire life.”

According to the Trump administration, “a cell-phone user has no reasonable expectation of privacy in business records created by his provider documenting the cell sites used to document his calls.”

Oral arguments in Carpenter v. United States have not yet been scheduled.

2. Christie v. National Collegiate Athletic Association

According to the terms of the federal Professional and Amateur Sports Protection Act of 1992 (PASPA), it is illegal for “a governmental entity to sponsor, operate, advertise, promote, license, or authorize by law or compact” sports betting.

The state of New Jersey, however, went ahead and legalized sports betting in certain casinos and racetracks by partially lifting its existing ban on the practice. According to the National Collegiate Athletic Association, the National Basketball Association, the National Football League, the National Hockey League, the Office of the Commissioner of Baseball, and the Trump administration, the state’s legalization effort is illegal under PASPA.

Put differently, Christie v. N.C.A.A. presents a clash between federalism and federal power.

“Never before has congressional power been construed to allow the federal government to dictate whether or to what extent a State may repeal, lift, or otherwise modulate its own state-law prohibitions on private conduct,” New Jersey told the Supreme Court in its petition for certiorari. “And never before has federal law been enforced to command a State to give effect to a state law that the State has chosen to repeal.”

PASPA is “an unremarkable exercise of Congress’ settled power to regulate commerce in sports gambling,” the sports leagues counter in their brief in opposition to the state’s petition. “PASPA is a straightforward exercise of Congress’ power to preempt the operation of state laws that conflict with federal policy on matters within Congress’ purview.”

The Trump administration favors federal power in this matter too. PASPA “does not violate the Tenth Amendment because it neither compels States to regulate according to federal standards nor requires state officials to administer federal law,” the administration told the Court in an amicus brief.

Oral arguments in Christie v. N.C.A.A. have not yet been scheduled.

3. Janus v. American Federation of State, County, and Municipal Employees, Council 31

In 1977’s Abood v. Detroit Board of Education, the Supreme Court said it was permissible for state and local governments to require public-sector workers to pay union fees as a condition of government employment even if those workers are not union members. The Court reasoned that such mandatory fees passed muster because they prevented non-members from “free riding” on the union’s collective bargaining efforts.

At issue in Janus v. American Federation of State, County, and Municipal Employees, Council 31, is whether Abood should be overturned.

The case originates with Mark Janus, an Illinois state employee who objects to paying mandatory fees to a union that he refuses to join. Janus argues that by making him contribute to the union’s coffers, the state is violating his First Amendment rights by forcing him to support political speech and activism that he does not wish to support.

“The Court should take this case,” Janus and his lawyers argue in their petition for certiorari, “to overrule Abood and declare [mandatory public-sector union] fees unconstitutional.”

The American Federation of State, County, and Municipal Employees takes the opposite view. “Abood‘s rule is sound and underlies important and longstanding tenets of this Court’s First Amendment jurisprudence,” the union told the Court in its brief in opposition to that petition. “At its core, Abood acknowledged that certain labor-relations interests justify the small intrusion on employees’ First Amendment interests that fair-share payments represent.”

If the basic contours of this dispute sound familiar, that’s because the Supreme Court tackled a nearly identical matter last term in the case of Friedrichs v. California Teachers Association. But after the death of Justice Antonin Scalia, the Court stalemated in that case and tied 4-4. It is quite likely that if Scalia had not died, Abood would have been overturned by a 5-4 decision.

That means the decisive vote in Janus is almost certainly in the hands of Scalia’s replacement. All eyes will be on Justice Neil Gorsuch when this case comes around.

Oral arguments in Janus v. AFSCME, Council 31, have not yet been scheduled.

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