IN THE SUPREME COURT OF THE UNITED STATES –
MARK JANUS v. AMERICAN FEDERATION OF STATE, ) COUNTY, AND MUNICIPAL EMPLOYEES,

Monday was A crucial day for Unions. The debate moved forward on whether to allow millions of public employees to break free from supporting their union with forced dues.  The decision could undercut the future capabilities of Public sector unions in 24 states particularly Illinois and California. While 28 states have so-called right-to-work laws that prohibit mandatory agency fees.  A ruling against the unions could be a major setback that could have a lasting impact on the union’s viability.  A ruling for the Petitioner would allow employees to stop financially supporting a union they may not agree with or choose to support.

In 2016, the Justices heard a nearly identical case that would put union fees in jeopardy.  But this case would end in an unusual 4-4 split.  The ninth vote was left silent with the death of Justice Scalia a month prior.  This is why today many see Gorsuch as the deciding vote in this case.  If each Justice votes the same as the 2016 vote one vote would be up for grabs and that would be that of Justice Gorsuch.

During Monday’s argument, one justice key to this case remained silent.  Justice Gorsuch didn’t ask a question or make any statements during this argument.

Does this silence indicate that Justice Gorsuch has already made his decision?  We should know more in June when a final ruling is made.

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