Anthony Kennedy,
Lehnert v. Ferris Faculty Association…
“ The opinion for the majority discerns an altogether malleable three-part test for the chargeability of expenses. The test is so malleable that, at Part IV-B, Justice BLACKMUN can choose to draw different lines with respect to expenses of affiliates, lines with no principled basis. Justice BLACKMUN removes litigation and lobbying from the scope of the Court's holding that a local bargaining unit may charge employees for their pro rata share of the costs associated with "otherwise chargeable" expenses of affiliate unions. ”
