WASHINGTON, D.C. (Sept. 28, 2017) – Today, the U.S. Supreme Court announced it would hear a case that could free government workers nationwide from being forced to pay union fees as a condition of employment.

This landmark case stands to restore First Amendment rights to public sector workers who have been forced to pay money to a union as a condition of keeping their jobs.

The case, Janus v. AFSCME, challenges a 1977 precedent that has allowed state and local governments to force their employees to pay money to a union. Today, millions of public sector employees in 22 states are forced to pay fees to a union whether they want to or not.

The Janus lawsuit seeks to end that practice. And the outcome of this lawsuit will affect public sector workers across the country.

The plaintiff in this case is Mark Janus, an Illinois government employee, who is represented by the Liberty Justice Center and the National Right to Work Legal Defense Foundation. Janus, a child support specialist who advocates on behalf of children in divorce cases, has been forced to pay thousands of dollars in fees to a union he doesn’t want to support.

Janus filed his petition asking the U.S. Supreme Court to hear his case on June 6, 2017.

Jacob Huebert, director of litigation at the Liberty Justice Center, issued the following statement about the Janus case:

“We are pleased the Supreme Court has agreed to take up this case and revisit a 40-year-old precedent that has allowed governments to violate the First Amendment rights of millions of workers. People shouldn’t be forced to surrender their First Amendment right to decide for themselves what organizations they support just because they decide to work for the state, their local government or a public school.”

“Right now, public sector employees in Illinois and many other states aren’t given a choice: They’re automatically forced to give their money to a union. Every public sector employee in the U.S. should be free to choose whether to pay money to the union at his or her workplace. Janus v. AFSCME presents an opportunity to restore fairness and First Amendment rights to millions of American workers by giving them the right to choose whether to support a union with their money.”

Mark Mix, president of the National Right to Work Legal Defense Foundation, said the following about the U.S. Supreme Court’s decision:

“With the Supreme Court agreeing to hear the Janus case, we are now one step closer to freeing over 5 million public sector teachers, police officers, firefighters, and other employees from the injustice of being forced to subsidize a union as a condition of working for their own government.”
“As the Court noted in the National Right to Work Foundation’s landmark Knox v. SEIU victory, compelled speech under the guise of forced union dues is an ‘anomaly’ under the First Amendment. We are hopeful that by the end of this Supreme Court term, the High Court will finally end this anomaly and fully protect the First Amendment rights of public sector workers against an injustice that has existed for over half a century.”

Mark Janus also offered the following statement:

“It has been a long, long road to get to this point. When I was hired by the state of Illinois, no one asked if I wanted a union to represent me. I only found out the union was involved when money for the union started coming out of my paychecks. I don’t want to be associated with a union that claims to represent my interests and me when it really doesn’t. I brought this case on behalf of all government employees who also wanted to serve their community or their state without having to pay a union first.”

BACKGROUND:

• Janus follows a series of decisions that demonstrate a willingness by the Supreme Court to reconsider the constitutionality of forced union fees. In 1977, in Abood v. Detroit Board of Education, the Supreme Court held that although union officials could not constitutionally spend objectors’ funds for some political and ideological activities, unions could require fees to subsidize collective bargaining and contract administration with government employers.
• In 2014, the National Right to Work Legal Defense Foundation assisted a group of Illinois home care providers, including Pam Harris, a mother taking care of her disabled son, in challenging a state scheme authorizing Service Employees International Union officials to require the providers to pay union dues or fees. The Supreme Court held that the forced fee requirement violated the First Amendment.
• Last year, it appeared that the Supreme Court was ready to strike down forced union fees for public sector workers for good in the Friedrichs v. California Teachers Association case. However, the death of Justice Antonin Scalia right before votes could be cast resulted in a deadlocked court and a split decision.
• Now, Janus provides another vehicle for the Supreme Court to revisit the constitutionality of compelled union fees for public employees.
• The case will likely be argued in early 2018 with a decision issued before the Court adjourns at the end of its term in June.

To learn more about Mark Janus, watch a video about him here: https://youtu.be/EkD4oW8GUdI

For bookings or interviews, contact: Melanie Krakauer at thelibertyjusticecenter@gmail.com or (847) 370- 2133