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JANUS v. AMERICAN FED. CNTY. & MUNIC. EMPLOYEES

No. 19-1553.

942 F.3d 352 (2019)

Mark JANUS, Plaintiff-Appellant, v. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 31; AFL-CIO, et al., Defendants-Appellees, and Kwame Raoul, in his official capacity as Attorney General of the State of Illinois, Intervenor-Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 5, 2019.

Attorney(s) appearing for the Case

William L. Messenger , Attorney, National Right To Work Legal Defense Foundation, Springfield, VA, Jeffrey M. Schwab , Attorney, Liberty Justice Center, Chicago, IL, for Plaintiff-Appellant.

John M. West , Attorney, Bredhoff & Kaiser, PLLC, Washington, DC, Melissa J. Auerbach , Attorney, Stephen Anthony Yokich , Attorney, Dowd, Bloch, Bennett, Cervone, Auerbach & Yokich, Chicago, IL, for Defendant-Appellee American Federation of State, County and Municipal Employees, Council 31, AFL-CIO.

Frank Henry Bieszczat , Attorney, Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Defendant-Appellee Janel L. Forde , In her official capacity as Director of Illinois Department of Central Management.

Frank Henry Bieszczat , Attorney, Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Intervenor-Appellee.

Carl R. Draper , Attorney, Feldman, Wasser, Draper & Cox, Springfield, IL, for Defendant.

Before Wood, Chief Judge, and Manion and Rovner, Circuit Judges.

For 41 years, explicit Supreme Court precedent authorized state-government entities and unions to enter into agreements under which the unions could receive fair-share fees from nonmembers to cover the costs incurred when the union negotiated or acted on their behalf over terms of employment. Abood v. Detroit Bd. of Educ.,...

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