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US appellate court upholds ruling against Janus back dues claim

Tuesday, Nov 5, 2019

* Click here for the full opinion

In 2018, the Supreme Court reversed its prior position and held that compulsory fair‐share or agency fee arrangements impermissibly infringe on employees’ First Amendment rights. Janus v. AFSCME, Council 31, 138 S. Ct. 2448, 2461 (2018). The question before us now is whether Mark Janus, an employee who paid fair‐share fees under protest, is entitled to a refund of some or all of that money. We hold that he is not, and so we affirm the judgment of the district court.

- Posted by Rich Miller        

28 Comments »
  1. - Lester Holt’s Mustache - Tuesday, Nov 5, 19 @ 4:52 pm:

    Poor fella, IPI isn’t going to have any use for him once scotus declines to hear the argument. At least he’ll have that pension he never wanted to fall back on.


  2. - Grandson of Man - Tuesday, Nov 5, 19 @ 4:53 pm:

    He’s not entitled to a penny of what was legally deducted from him when fair share fees were legal. If that was the case, he should pay back everything he earned contractually. He wants something for nothing—I thought right wingers hate free stuff.


  3. - unspun - Tuesday, Nov 5, 19 @ 4:56 pm:

    If you get the milk for free, you can’t turn in a receipt for a refund. A just holding, indeed.


  4. - Nick Name - Tuesday, Nov 5, 19 @ 4:58 pm:

    Grifter. Good on the appellate court. Odds are SCOTUS won’t even take it up.


  5. - Oswego Willy - Tuesday, Nov 5, 19 @ 4:58 pm:

    Janis is a Fellow…

    Not a Good Fellow, but i digress.

    To the post,

    I guess the rationale makes sense. For Janus, the victory is one going forward. To move forward, trying to regain what was already ruled fair, no, it’s a “moving forward” on all counts.


  6. - Jocko - Tuesday, Nov 5, 19 @ 5:06 pm:

    Now that IPI and Liberty Justice Center have gotten what they needed from him, I would be interested to see “if they (still) do a good job representing my interests.”


  7. - R A T - Tuesday, Nov 5, 19 @ 5:07 pm:

    Janis is a Fellow…
    Not a Good Fellow, but I digress.

    Why do you say that? He is different than many politically but he is a good man … and fun to play in racquetball … especially since I usually win.


  8. - Oswego Willy - Tuesday, Nov 5, 19 @ 5:10 pm:

    === Why do you say that? He is different than many politically but he is a good man===

    You can be a good person, a great person… but…

    Also it’s a play off the monologue “he’s a good fella”, so there that too.

    I golf. Still waiting on Tom Cross not throwing my clubs in a pond, but…


  9. - Just Another Anon - Tuesday, Nov 5, 19 @ 5:14 pm:

    This may get reversed by SCOTUS. Should be interesting.


  10. - Not a Superstar - Tuesday, Nov 5, 19 @ 5:17 pm:

    Heckuva concurring opinion from Judge Manion. He is forced to acknowledge the law, but adopts a Bruce Rauner tone, even referring to AFSCME’s “good luck” not to have to return the agency fees. Sheesh.


  11. - Norseman - Tuesday, Nov 5, 19 @ 5:36 pm:

    This was the correct ruling.

    Of course the decision will get appealed for SCOTUS. When you your legal costs financed by anti-union wealthy benefactors, they’ll take it as far as they can.


  12. - Norseman - Tuesday, Nov 5, 19 @ 5:38 pm:

    “To” not “for.”


  13. - Nick Name - Tuesday, Nov 5, 19 @ 5:44 pm:

    I doubt SCOTUS even takes it up.


  14. - City Zen - Tuesday, Nov 5, 19 @ 6:00 pm:

    ==If that was the case, he should pay back everything he earned contractually.==

    Exclusive. Bargaining. Rights.

    I’m fine with the ruling. He got the big win.


  15. - DuPage Saint - Tuesday, Nov 5, 19 @ 6:11 pm:

    Did not know he paid dues under protest. That could make a difference


  16. - Just Me - Tuesday, Nov 5, 19 @ 7:03 pm:

    I don’t get it. He was forced to pay fines he shouldn’t have been required to pay, but the entity that collected that money gets to keep it?


  17. - Tim - Tuesday, Nov 5, 19 @ 7:41 pm:

    It would be nice for Scotus to give the man his money back.


  18. - RNUG - Tuesday, Nov 5, 19 @ 7:47 pm:

    == This may get reversed by SCOTUS. ==

    Unlikely. AFSCME followed the law at the time, and he received benefits / group representation from them. Courts rarely provide retroactive relief back before the filing date of a case.

    == Did not know he paid dues under protest. That could make a difference ==

    Didn’t pay dues; did pay Fair Share.


  19. - Hottot - Tuesday, Nov 5, 19 @ 9:23 pm:

    RNUG, I think it will get overturned. The SCOTUS is the most political SCOTUS in the history of our republic. They’ll rule in Janus’ favor just to deal a blow to AFSCME and all unions.


  20. - Not a Billionaire - Tuesday, Nov 5, 19 @ 10:16 pm:

    The Democratic Governor elect just pushed his support for teachers and their pension. He said a pension is a promise. ……


  21. - Candy Dogood - Wednesday, Nov 6, 19 @ 12:37 am:

    He’s definitely going to go down into history now as a champion for workers rights.


  22. - Jocko - Wednesday, Nov 6, 19 @ 8:30 am:

    ==a champion for workers rights.==

    If by ‘right’, you mean the ability to negotiate for less…you’re correct.


  23. - A State Employee Guy - Wednesday, Nov 6, 19 @ 9:24 am:

    “I know what you did was unconstitutional, but go ahead and keep the money anyway.”

    Unions oughta do what Mannion suggested here: be thankful that your good luck lasted 40 years, and move on.


  24. - Oswego Willy - Wednesday, Nov 6, 19 @ 9:32 am:

    === be thankful that your good luck===

    Yeah, about that.

    The law isn’t luck, a ruling isn’t based on luck either.

    The reason there’s a mocking and not an embracing as you are on that “luck” thing is it sounds ridiculous (which is why the moving on to the law occurs) and agreeing in the luck part makes the rationale sound ridiculous too.


  25. - A State Employee Guy - Wednesday, Nov 6, 19 @ 9:38 am:

    wut


  26. - efudd - Wednesday, Nov 6, 19 @ 9:46 am:

    “a champion for workers’ rights”

    Quick, someone get that person a balcony.


  27. - Nick Name - Wednesday, Nov 6, 19 @ 10:41 am:

    ===RNUG, I think it will get overturned. The SCOTUS is the most political SCOTUS in the history of our republic. They’ll rule in Janus’ favor just to deal a blow to AFSCME and all unions.===

    I highly doubt the Supreme Court will even take the case.


  28. - Nick Name - Wednesday, Nov 6, 19 @ 10:51 am:

    ===He’s definitely going to go down into history now as a champion for workers rights.===

    FYI pot isn’t legal until Jan. 1.


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