Supreme Court to Hear Agency Fee Case

16-1466 JANUS, MARK V. AMERICAN FEDERATION, ET AL.
The petitions for writs of certiorari are granted.

And with that, public sector labor unions may be changed forever.

Oral arguments and an actual decision are still months away, but the unions that would be most affected by an adverse ruling have already vented their anger in a press release.

It manages to squeeze in the words “working people” 12 times. We’re all working people, and nine out of ten of us do not belong to unions.

One sentence in the release is particularly risible:

However, the people behind this case simply do not believe that working people deserve the same freedoms they have: to negotiate a fair return on their work.

They are right about one thing: The “people behind this case” do have the freedom to negotiate a fair return on their work, because they don’t belong to a union. Any individual employed at a job where exclusive bargaining is instituted has no freedom to negotiate anything. That right is surrendered to the union.

The 1977 Abood ruling, which Janus would overturn, was problematic at the time. Forty years later, we might finally stop using governmental power to force working people to pay fees to a private organization they did not choose, or lose their job.

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