New Challenge to Agency Fees Likely Head to the Supreme Court

The constitutionality of the agency fee in public sector labor relations is likely headed back to the United States Supreme Court, following a March 21, 2017 decision by the Seventh Circuit Court of Appeals dismissing a lawsuit challenging agency fees in the public sector.  In the litigation, the plaintiffs seek to make the open shop a constitutional requirement under the First Amendment.  Victory for those seeking to constitutionalize the open shop has vastly improved with the confirmation of Judge Neil Gorsuch as the newest Supreme Court Justice.