the staff of the Ridgewood blog
Washington DC, The Supreme Court is scheduled to return to Washington next week after nearly a month off. The justices will hear a number of important oral arguments, including a case involving free speech, and public employee unions.
Next Monday February 26th , the U.S. Supreme Court will hear arguments in one of the most anticipated cases of the year, the case of Janus v. American Federation of State, County, and Municipal Employees, Council 31.
This case could have an enormous impact on big union states like New Jersey and may impact many unions political influence like the NJEA.
The case focuses on Mark Janus who is not a public sector union member but has to pay fees ie inion dues anyway. Janus argues these fees “violate his free speech and free association rights.”
This case involves forcing public employees who opt out of union membership to pay a fee for the “fair share” of costs associated with collective bargaining. Mark Janus, an Illinois state employee, argues that forcing him to subsidize the union he has declined to join violates his free speech and free association rights.
The court will look at whether to overturn its 1977 decision in Abood v. Detroit Board of Education, which held that public employees could be forced to pay an agency fee.
This very issue was before the court in 2016 when Justice Antonin Scalia died. The court deadlocked 4-4 in Friedrichs v. California Teachers’ Association, thereby upholding the lower court ruling in favor of the California Teachers Association.