States, Unions Can't Collect Fees From Non-Members: Supreme Court

The Supreme Court ruled Wednesday that public-sector unions and states that collect fees from non-consenting employees are violating the First Amendment.

The court voted 5-4 in the case with Justice Samuel Alito delivering the majority opinion for the court. The case before the court was Janus v. AFSCME. Mark Janus, an Illinois state employee, was the lead petitioner in the case. Illinois Gov. Bruce Rauner, a Republican, filed a lawsuit challenging the constitutionality of the Illinois state law that allowed unions to collect fees from non-members. Rauner's challenge was dismissed by a district court but it allowed Janus to file his own petition challenging the practice.

Wednesday's ruling means unions cannot forcibly collect agency fees — or a portion of union fees — from non-members for collective bargaining. The Supreme Court's ruling is seen as a blow to labor unions and one that could weaken the institutions.

"Under Illinois law, public employees are forced to subsidize a union, even if they choose not to join and strongly object to the positions the union takes in collective bargaining and related activities," Alito wrote. "We conclude that this arrangement violates the free speech rights of nonmembers by compelling them to subsidize private speech on matters of substantial public concern."

According to Vox, 28 states have "right to work" laws that ban agency fees. As the publication notes, such laws mean people don't have to join unions or pay the agency fees to get the benefits provided by them so unions lose both members and political influence. 22 states don't have such laws and the ruling means that without the ability to collect agency fees, the union movement could vanish, according to Vox.

Reacting to the ruling, President Donald Trump tweeted that the ruling was a "big loss for the coffers of the Democrats!"

In a statement, the AFSCME said it would continue to fight for its members. Below is the AFSCME's full statement:

"Unions will always be the most effective force and vehicle to propel working people into the middle class. Despite this unprecedented and nefarious political attack – designed to further rig the rules against working people -- nothing changes the fact that America needs unions now more than ever. We are more resolved than ever to fight like hell to win for our members and the communities they care so much about.

"AFSCME members don’t do this work to get rich. They do it because it’s a calling -- and for that service, they deserve respect. They deserve the same freedoms as the CEOs and billionaires who continue to rig the rules against everyone else."

"The American labor movement lives on, and we’re going to be there every day, fighting hard for all working people, our freedoms and for our country."

Photo by Toya Sarno Jordan/Getty Images News/Getty Images