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Constitutional Law Keyed to Choper
Janus v. American Federation of State, County, and Municipal Employees, Council 31
Citation:
585 U.S. 878 (2018)Facts
Mark Janus worked as a child support specialist for the Illinois Department of Healthcare and Family Services. Under Illinois law, AFSCME was designated as the exclusive bargaining representative for Janus’s unit, meaning it represented all employees in collective bargaining regardless of union membership. The law required non-members like Janus to pay agency fees to cover their “fair share” of collective bargaining costs. Janus refused to join the union because he opposed many of its positions, particularly regarding Illinois’ fiscal crisis. He believed the union’s bargaining positions did not reflect his best interests or those of Illinois citizens. Despite his objections, Janus was required to pay $44.58 per month in agency fees. He filed suit challenging the constitutionality of these mandatory fees, arguing they violated his First Amendment rights by compelling him to subsidize speech with which he disagreed.
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