* From a press release…
Attorney General Lisa Madigan today filed a motion to intervene in Governor Bruce Rauner’s federal lawsuit that challenges the constitutionality of “fair share” fees as allowed under the Illinois Public Labor Relations Act. Madigan issued the following statement outlining her role in this litigation:
“Last month, Governor Rauner issued an Executive Order seeking to stop the payment of ‘fair share’ fees used to support non-political union activities such as contract administration and collective bargaining. On the same day, he also sued over two dozen unions in federal court in anticipation of a legal challenge to his Executive Order in state court.
Last week, the unions filed suit in state court seeking to prohibit Governor Rauner from implementing his Executive Order and breaching their contracts and to restore the ‘fair share’ fee payments.
Today, I filed a motion to intervene in the federal lawsuit to defend the constitutionality of Illinois’ law. Along with the motion to intervene, I have submitted a motion to dismiss the case, arguing that the Governor does not have the legal authority to sue to challenge the law in federal court.
As Attorney General, it is my job to represent the state and defend our laws when their constitutionality is challenged in court. Because the Governor’s case questions the validity of the Illinois Public Labor Relations Act, I moved to intervene to provide the court with arguments regarding the law’s constitutionality.”
The motion is here. The accompanying memorandum is here.
*** UPDATE *** Lance Trover…
“As expected, the Attorney General filed a motion in federal court to defend so-called ‘fair share’ union dues in state government, which is why the Governor pro-actively asked the Attorney General’s office to allow the Governor’s office to use pro bono outside counsel. The Attorney General’s actions will have no impact on the Governor’s efforts to protect taxpayers and state employees who don’t want to pay forced union dues.”
…Adding… From AG Madigan’s memorandum…
[Madigan’s] motion emphasizes the following points. First, the Governor may not use this suit as a preemptive strike against an anticipated state court law suit against him for violating state law in which he could assert federal law only as a defense to the state-law claims. Second, the Governor is not complaining of any violation of his own First Amendment rights, but instead has claimed the ability to vindicate the First Amendment rights of other persons who are not before this Court. Third, the Governor is inappropriately asking a federal court to declare the scope of his authority to issue executive orders under state law.