By Douglas V. Gibbs
Author, Speaker, Instructor, Radio Host
In less than two weeks the United States Supreme Court will be hearing a case about union fees that could make the Right-To-Work phenomenon become a countrywide reality.
Though the 7th Circuit Court of Appeals rejected Janus’ argument, the Supreme Court agreed to hear his appeal – and this could be bad news for the unions. Without compulsory fees, union funding would decrease drastically, and so would their ability to pass the money on to their political causes, like the Democrat Party.
The central question in “Janus” is this: Should the court overrule its 1977 decision Abood v. Detroit Board of Education? In “Abood,” the Supreme Court declared that schoolteachers could be required to pay fees to public unions as long as the money was spent on the costs of collective bargaining and related issues, and not on ideological causes.
There was Harris v. Quinn (2014), where the court determined that non-union employees couldn’t be forced to pay fees to labor unions, even though they received compensation from government sources that was determined through collective bargaining. The case was decided 5-4.
More on point was Friedrichs v. California Teachers Association (2016), which asked if a school district requiring employees to join a union or pay a fee infringed on their First Amendment rights of free speech and assembly. In other words, the court was being asked to reconsider “Abood.”
And they might have done just that, except that Associate Justice Scalia died before the case could be decided. This left the court split with four liberals and four conservatives, so they simply put out a one-line opinion that affirmed the lower court decision, leaving the question for another day.
Now, that day has come.
With Trump’s appointee, Neil Gorsuch, on the court, if Justice Kennedy rules as he has in the past, it could spell the end of compulsory union dues and membership, spreading the right-to-work rule across the country. My only concern is that like the leftists freaking out about Trump, union thugs can be quite dangerous.