By Delegate Rob Bell
In a landmark 5-4 decision, the Supreme Court overturned a 41-year-old rule that had allowed public-employee unions to force nonmember employees to pay union dues. The plaintiff, Mark Janus, worked at the Illinois Department of Healthcare and Family Services, and objected to the state law that required him to pay union dues against his wishes. The Court upheld Janus's First Amendment rights and struck down the law and similar laws in 21 other states.
In his opinion, Justice Alito quoted no less an authority than Thomas Jefferson, who wrote, "to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhor[s] is sinful and tyrannical."
Janus was an enormous victory for the common-sense principle that no one should have to finance union activity just to work in government. Not surprisingly, Attorney General Mark Herring had joined a brief in favor of the unions.
Immediately after the Janus decision was handed down, Justice Anthony Kennedy announced his retirement after 30 years on the Court. The White House had previously circulated a list of potential successors, and this afternoon President Trump stated that he has boiled it down to about 25 candidates. Senator Mitch McConnell announced that the vote on a replacement will take place this fall.
The Janus decision was itself decided by one vote (with Kennedy in the majority), which only underscores the importance of each justice. I have been very impressed with Justice Gorsuch and look forward to seeing another Constitutional conservative on the Court.
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