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July 3, 2015

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In Union Case, Rauner Gets High Court Help
From the Chicago Daily Law Bulletin
After being dropped this year from his own suit challenging nonmember union fees, Gov. Bruce Rauner may not be able to curb labor’s power the way he hoped.
But the justices of the U.S. Supreme Court may.
And by accepting an identical case this week, they may be ready to hit the target Illinois’ governor aimed for.
The nation’s top court on Tuesday accepted Friedrichs v. California Teachers Association, a suit that alleges bargaining dues paid by nonmembers are a First Amendment violation, a year after the high court used an Illinois case to cast doubt on the fees.
Rauner’s lawsuit, which is being fought by three state employees after U.S. Judge Robert W. Gettleman ruled in May that the governor didn’t have standing, will likely revolve around the outcome of the Friedrichs case.
But until it’s decided — likely next year — that case could put the governor’s challenge on hold.
“We’ll have to see what the judge says,” said Jacob H. Huebert, senior attorney at the Liberty Justice Center in Chicago, which is helping represent plaintiffs Mark Janus, Marie Quigley and Brian Trygg in the Illinois case.
“It may well be that he would want to simply stay the case until we find out what the U.S. Supreme Court says, because the U.S. Supreme Court decision will almost certainly control what happens in our case.”
A Rauner spokeswoman did not respond to requests for comment.
The Illinois lawsuit argues sections of the Illinois Public Labor Relations Act authorizing compulsory fees are a First Amendment violation because they subsidize unions’ political activity.
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