By Greg Bishop/Illinois Radio Network
SPRINGFIELD – Two state of Illinois employees who do not want to pay dues to the American Federation of State, County and Municipal Employees union plan to take their case all the way to the U.S. Supreme Court.
The Seventh Circuit U.S. Court of Appeals on Tuesday dismissed the lawsuit brought by Mark Janus and Brian Trygg, who argue that their First Amendment rights are being violated by being forced to pay dues to a union they don’t want to be join.
“It’s important because now this case can proceed to the U.S. Supreme Court, and the Supreme Court can rule on whether Illinois can force state workers to pay union fees, even if they don’t want to,” plaintiffs attorney Jacob Huebert of the Liberty Justice Center said. “If we prevail, that will mean that Illinois public sector workers can’t be forced to give their money to a union. Every worker will have the right to choose whether they want to support a union.”
The appeals court dismissal was expected because the U.S. Supreme Court previously ruled on a similar lawsuit filed in Michigan, and only the highest court can overturn its own decisions.
Huebert said the appeal paperwork must be filed within three months.
The U.S. Supreme Court has been short one member since the death last year of Justice Antonin Scalia. Neil Gorsuch, President Donald Trump’s conservative nominee to fill the vacancy, is in the second day of his nomination hearings in the Senate.
The Liberty Justice Center is a partner organization to INN’s parent organization, Illinois Policy Institute.
