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 In a case backed by conservatives, nonunion public school teachers
are challenging California's requirement that they pay the
equivalent of union dues, saying it violates their free speech
rights under the U.S. Constitution. The court in January will hear
the case, one of the most important of its current term, and rule by
the end of June.
The Illinois dispute pits Republican Governor Bruce Rauner, who has
taken aim at public sector unions in his state, against the state's
Democratic attorney general, Lisa Madigan.
Rauner last month filed a friend-of-the-court brief with the high
court backing the nonunion California teachers who are challenging
the fees they are forced to pay as an alternative to union dues
under state law.
 Teachers who do not want to join the California Teacher's Union do
not have to pay toward its political activity, but under a
decades-old practice must contribute "agency fees" that pay for the
union's collective bargaining.
Madigan then sent a letter to the Supreme Court saying lawyers for
Rauner had "no authority" to file court papers on behalf of the
governor. Madigan contends the governor must get approval from the
attorney general before making such a filing.
Rauner's lawyers responded on Oct. 1 with a rebuttal criticizing
Madigan's intervention, saying her the letter contained "many
factual omissions and legal misstatements." They said the governor
filed his brief as an individual, not as a representative of his
state.
Illinois is one of more than 20 states with a system similar to
California's. Michigan and 17 other states, not counting Illinois,
have filed court papers backing the nonunion teachers.
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Briefs supporting the union have not yet been filed. Madigan has not
yet said whether she will participate.
With Democrats generally supportive of unions and Republicans eager
to weaken them, the Illinois dispute illustrates the political
divide that lurks in the background of the case.
Rauner, who took office in January, has issued an executive order
saying that Illinois government agencies should stop enforcing
agency fee provisions in public sector union collective bargaining
agreements that automatically deduct fees from the paychecks of
nonunion workers.
The governor also filed a lawsuit challenging the state agency fee
laws.
(Reporting by Lawrence Hurley; Editing by Will Dunham)
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