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09.28.17

Supreme Court Grants Cert in Public Sector Agency Shop Case

As expected, the Supreme Court granted certiorari in the Janus v. AFSCME Council 31 fair share case.

The issue in the case is whether Abood v. Detroit Board of Education, a 1977 case in which the Supreme Court upheld agency shop arrangements, should be overruled and public sector agency-shop arrangements invalidated under the First Amendment. With Gorsuch on the bench now, it is likely that the Court will reverse the forty years of precedent set by the Abood decision and rule that because issues like salaries, pensions, and benefits for government employees are inherently political, agency fees by their very nature support speech designed to influence government policies.

While the case was bought by an Illinois state employee, it is bankrolled by the anti-union organizations National Right to Work Foundation and the Liberty Justice Center, both funded by corporations and billionaires. Oral arguments are expected to occur in January or February, with a decision toward the end of the term in May or June.

RELATED:
9/28/2017 - Supreme Court Will Hear Case on Mandatory Fees to Unions (New York Times)

9/28/2017 - Supreme Court Poised to Deal a Sharp Blow to Unions for Teachers and Public Employees (Los Angeles Times)

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