Under a 1977 Supreme Court decision, which 26 states take advantage of, government employees can be forced to pay certain fees to unions even if the employees do not wish to be in the union and disagree with its positions. In last week’s case, the court carved out an exemption for people such as the home-care providers who are not “full-fledged” government employees.
This certainly seems sensible as applied to the lead plaintiff, a woman caring for her severely disabled son. Because the court has now recognized her First Amendment freedom of association — which includes the freedom not to associate — and freedom from compelled speech, she no longer will be required to pay fees to a union she refuses to join. SEIU will have to look elsewhere for the approximately $10 million in fees it has siphoned annually from people like her. This is real campaign finance reform.
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