Posted on 06/27/2018 7:04:17 AM PDT by luv2ski
JUSTICE ALITO delivered the opinion of the Court. Under Illinois law, public employees are forced to subsi dize a union, even if they choose not to join and strongly object to the positions the union takes in collective bar gaining and related activities. We conclude that this arrangement violates the free speech rights of nonmem bers by compelling them to subsidize private speech on matters of substantial public concern. We upheld a similar law in Abood v. Detroit Bd. of Ed., 431 U. S. 209 (1977), and we recognize the importance of following precedent unless there are strong reasons for not doing so. But there are very strong reasons in this case. Fundamental free speech rights are at stake. Abood was poorly reasoned. It has led to practical problems and abuse. It is inconsistent with other First Amendment cases and has been undermined by more recent decisions. Developments since Abood was handed down have shed new light on the issue of agency fees, and no reliance interests on the part of public-sector unions are sufficient to justify the perpetuation of the free speech violations
Trump has taught me that Elmo was wrong. Christmas everyday rocks!
MAGA WINNING!
For these reasons, States and public-sector unions may no longerextract agency fees from nonconsenting employees. The First Amendment is violated when money is taken from nonconsentingemployees for a public-sector union; employees must choose to support the union before anything is taken from them. Accordingly, neither an agency fee nor any other form of payment to a public-sectorunion may be deducted from an employee, nor may any other attemptbe made to collect such a payment, unless the employee affirmatively consents to pay. Pp. 48–49.
851 F. 3d 746, reversed and remanded.
Mike drop.
Best week ever!
Yep, it’s good. And fun to watch.
Judge Napalotano on Fox just said it is “catastrophic” for the Democrats.
Most of these important decisions have been 5-4. If nothing else, Trump did a wonderful thing nominating Justice Gorsuch. And kudos to Mitch McConnell for getting him through. I shall refrain from turtle jokes for the rest of the month in appreciation.
Probably the first time I have ever agreed with Judge Nappy.
I also keep hearing the democrats screaming about the STOLEN SEAT. Apparently they believe he would vote with the flaming liberals.
As a has been local President of a Union the whole Fair share argument was BS to me to begin with. I disagreed with in and absolutely refused to push membership drives or PAC donations.
Fair Share has always been about State and Federal Unions shaking down members for dues that end up getting spend on Union Leaders political activities that (from my perspective anyhow) is in direct conflict with the majority of it members wishes.
Out of nearly 70 dollars a month in fees my local keeps 2 dollars to be used for flowers and gifts for retirees and death of family members. Thats it. Our Local officers have never been paid a dime for their work as Union Officers.
Public employee union membership in Wisconsin is down 40% since Act 10 which did the same thing in that state.
Given the choice, 40% of those previously paying union dues opted not to.
Winning BIGLY indeed!
This could break the back of all public unions..... they never should have been allowed to begin with....
I’m with you on the Judge.
thank you for this luv2skii.
I had not seen the following - to quote DT. This is HUUUGGE
also from SCOTUS blog: Of practical importance, the Court also holds that employees must affirmatively consent before fees can be withheld from their paychecks —the system must be opt-in, not opt-out.
From the WSJ: “The theory behind today’s decision poses no immediate threat to union-security clauses in private-sector contracts. Unlike government agencies, private businesses generally aren’t required to respect free-speech rights and can establish various conditions of employment, including requiring fair-share fees, if permitted by state law.”
If I’m understanding this correctly, todays ruling only applies to public sector Unions and not to private sector unions. Is that correct?
I’d bet the fat, worthless slob on the right is a Union Steward.
Win!
This is Big~
Well, then they shouldn’t have murdered Scalia. Only have themselves to blame.
Andrew Cuomo seen crying in his Corn Flakes.
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