JANUS v. AMERICAN FEDERATION OF STATE

No. 16-3638.

851 F.3d 746 (2017)

Mark JANUS and Brian Trygg, Plaintiffs-Appellants, v. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 31, et al., Defendants-Appellees, and Lisa Madigan, Attorney General of the State of Illinois, Intervening Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 21, 2017.


Attorney(s) appearing for the Case

William L. Messenger, Attorney, National Right to Work Legal Defense Foundation, Springfield, VA, Jacob H. Huebert, Jeffrey M. Schwab, Attorney, Liberty Justice Center, Chicago, IL, for Plaintiffs-Appellants.

John M. West, Attorney, Bredhoff & Kaiser, PLLC, Washington, DC, Melissa J. Auerbach, Attorney, Stephen Anthony Yokich, Attorney, Dowd, Bloch, Bennett, Cervone, Auerbach & Yokich, Chicago, IL, for Defendant-Appellee American Federation of State, County and Municipal Employees, Council 31, AFL-CIO.

Carl R. Draper, Attorney, Feldman, Wasser, Draper & Cox, Springfield, IL, for Defendant-Appellee General Teamsters, Professional & Technical Employees Local Union No. 916.

Frank Henry Bieszczat, Attorney, Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Defendants-Appellees Michael Hoffman, Director of the Illinois Department of Central Management Services, in his official capacity, Lisa Madigan, Attorney General of the State of Illinois.

Before Posner, Sykes, and Hamilton, Circuit Judges.


In Abood v. Detroit Board of Education, 431 U.S. 209, 97 S.Ct. 1782, 52 L.Ed.2d 261 (1977), the Supreme Court upheld, against a challenge based on the First Amendment, a Michigan law that allowed a public employer (in that case a municipal board of education), whose employees (public...

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