The District Court granted respondents’ motion to dismiss custom name washington nationals baseball shirt on the ground that the claim was foreclosed by Abood. The Seventh Circuit affirmed. If respondents’ and the dissent’s views were adopted,
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Abood v. Detroit Bd. of Ed. … struck a stable balance between public employees’ First Amendment rights and government entities’ interests in running their custom name washington nationals baseball shirt workforces as they thought proper. Under that decision, a government entity could require public employees to pay a fair share of the cost that a union incurs when negotiating on their behalf over terms of employment. But no part of that fair-share payment could go to any of the union’s political or ideological activities. 3. For these reasons, States and public-sector unions may no longer extract agency fees from nonconsenting employees. The First Amendment is violated when money is taken from nonconsenting employees 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-sector union may be deducted from an employee, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay. Petitioner Mark Janus is a state employee whose unit is represented by a public-sector union , one of the respondents. He refused to join the Union because he opposes many of its positions, including those taken in collective bargaining. Illinois’ Governor, similarly opposed to many of these positions, filed suit challenging the constitutionality of the state law authorizing agency fees. The state attorney general, another respondent, intervened to defend the law, while Janus moved to intervene on the Governor’s side. The District Court dismissed the Governor’s challenge for lack of standing, but it simultaneously allowed Janus to file his own complaint challenging the constitutionality of agency fees.
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