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SWEENEY v. RAOUL

No. 19-3413.

990 F.3d 555 (2021)

James M. SWEENEY, et al., Plaintiffs-Appellants, v. Kwame RAOUL, in his official capacity as Attorney General for the State of Illinois, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 8, 2021.

Attorney(s) appearing for the Case

James Connolly, Jr. , Robert A. Paszta , Dale D. Pierson , Attorneys, IUOE LOCAL 150 LEGAL DEPARTMENT, Kara Pomerantz Principe , Joseph P. Sweeney , Attorneys, INDIANA ILLINOIS IOWA FOUNDATION FOR FAIR, Countryside, IL, for Plaintiffs-Appellants.

Frank Henry Bieszczat , Attorney, OFFICE OF THE ATTORNEY GENERAL, Civil Appeals Division, Chicago, IL, for Defendants-Appellees.

Alyssa Hazelwood , Milton L. Chappell , Attorneys, NATIONAL RIGHT TO WORK LEGAL DEFENSE FOUNDATION, Springfield, VA, Joseph A. Morris , Attorney, MORRIS & DE LA ROSA, Chicago, IL, for Amicus Curiae BRIAN TRYGG.

Stephen Anthony Yokich , Attorney, DOWD, BLOCH, BENNETT, CERVONE, AUERBACH & YOKICH, Chicago, IL, for Amici Curiae AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES UNION, AMERICAN FEDERATION OF TEACHERS, NATIONAL EDUCATION ASSOCIATION, SEIU LOCAL 73, ILLINOIS EDUCATION ASSOCIATION.

Before Rovner, Scudder, and St. Eve, Circuit Judges.

In its 2018 decision in Janus v. AFSCME, the Supreme Court held that public unions cannot require nonmembers to pay fees for the benefits of being represented by the union in collective bargaining and workplace disputes. To hold otherwise, the Court concluded, would run counter to the First Amendment's prohibition...

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