* As we’ve discussed before, the Illinois Policy Institute’s legal arm is attempting to overturn Abood v. Detroit Board of Education, in which the US Supreme Court upheld government union “fair share” fees for those who didn’t want to pay full union membership dues.

Seventh Circuit US Appellate panel, led by Judge Richard Posner, today shot down the group’s attempt with some pretty basic logic…

Of course, only the Supreme Court has the power, if it so chooses, to overrule Abood. Janus and Trygg acknowledge that they therefore cannot prevail either in the district court or in our court—that their case must travel through both lower courts —district court and court of appeals — before they can seek review by the Supreme Court. […]

Janus’s claim was also properly dismissed, though on a different ground: that he failed to state a valid claim because, as we said earlier, neither the district court nor this court can overrule Abood, and it is Abood that stands in the way of his claim.

The judgment of the district court dismissing the complaint is therefore

AFFIRMED.

I assume this will be appealed. The opinion is here. A press release touting the victory is here.

…Adding… Press release…

National Right to Work Legal Defense Foundation Mark Mix released the following statement regarding the Seventh Circuit Court of Appeals’ decision to affirm the judgement of the district court in Janus v. AFSCME.

“The court’s ruling is no surprise but simply allows the next step forward in the journey to end forced unionism for public employees across the country. No one should be forced to pay a union dues or fees just for the privilege of working for their own government and this decision means the case can now move up to the United States Supreme Court.”