While it is unclear exactly how the sudden passing of Justice Antonin Scalia will affect the deduction of Fair Share fees in the Friedrichs v. California Teachers Association case, here’s what we do know:
If the remaining eight justices rule on the case in a 4-4 ruling, the 9th Circuit Court ruling will stand, which means that Abood, and Fair Share fee deductions, would remain the law of the land. Another possibility is the Court would rehear the case in the coming term once a new justice has been confirmed.
One thing that is for sure, even if Abood and Fair Share fees are upheld in the short term, these kinds of attacks on unions will continue down the pipeline in the Supreme Court as well as in state legislatures, as evidenced by West Virginia’s legislature overriding the governor’s veto last week in order to make the state the 26th “right-to-work” state.
As always, despite small glimmers of hope, we must remain steadfast and double down on AFSCME Strong organizing efforts.