The Supreme Court Case That Could Devastate Unions

On Feb. 26 the U.S. Supreme Court will consider dealing what would likely be a devastating blow to America’s already-struggling labor movement. The issue before the court is whether it’s unconstitutional to require government workers to fund unions that represent them. Public sector employees now represent around half of union members in the U.S., and without money from members the organizations wouldn’t be able to fund themselves. After decades of declining membership—driven in part by state-level legislative attacks—the fight over mandatory public sector fees represents one of the biggest threats to unions in decades, with potentially catastrophic consequences.

The justices could make all government employment right-to-work if they rule for plaintiff Mark Janus, an Illinois state employee who argues he has a First Amendment right not to pay fees to a union with which he disagrees. That court decision would result in public sector workers being given the choice of whether or not to fund their union. In the private sector, that’s already the case in a majority of states. If Janus wins, it would be the law of the land for the public sector in the entire country.