Jan. 21 (Bloomberg) — The U.S. Supreme Court debated Tuesday whether public employees can constitutionally be forced to pay fees to a union, weighing a politically tinged case that may undercut the power of organized labor.
Hearing arguments in Washington, several justices voiced skepticism about Illinois rules requiring union dues from people who provide in-home care for disabled Medicaid recipients.
Other justices suggested they didn't see any infringement of the First Amendment rights of workers who object. Justice Elena Kagan said the arguments made by those workers would "radically restructure" operations at workplaces across the country.
Recommended For You
The case may affect laws in about half the U.S. states, which allow workers to be forced to pay union dues even if they don't belong. The dispute pits labor unions and the Obama administration against right-to-work advocates.
The justices are considering whether to overturn a 1977 decision that said public employees could be compelled to pay for union representation as long as they don't have to cover the cost of political or ideological activities. The purpose is to cover the expense of union negotiations over pay and working conditions.
The rights of public workers have been a hot political and legal topic in recent years, highlighted by Wisconsin Governor Scott Walker's successful 2011 effort to curb collective- bargaining rights there.
'Huge' contributions
That political reality seeped into the high court debate today. Justice Samuel Alito said the Illinois statute at the center of the fight was enacted after unions made "huge campaign contributions" to former Governor Rod Blagojevich.
Justice Antonin Scalia emerged as a central figure in the case, hinting through his questions that he might agree with the court's Democratic appointees and back the Illinois rules. He said the lawyer for the objecting workers was "destroying" the union's ability to collect dues.
The Illinois fight stems from a series of laws and executive orders backed by Blagojevich and current Governor Pat Quinn, who took office in 2009. Both are Democrats. The rules are being challenged by eight caregivers, seven of whom provide in-home services to family members.
The case is Harris v. Quinn, 11-681.
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
