Scalia's Death Keeps Public Union Fees Alive For Now

Law360, New York (February 16, 2016, 9:55 PM EST) -- The death of conservative Justice Antonin Scalia will give unions a reprieve in a suit that was likely to limit the ability to require union fees from public workers, attorneys said, leaving intact for at least the time being a lower court ruling that upheld the fees requirement.

Following oral arguments last month, observers said they expected a 5-4 opinion in Friedrichs v. California Teachers Association et al., siding with the teachers' bid to overturn a nearly 40-year-old standard allowing union fee mandates for all public employees.

Attorneys expected Scalia to vote against union fees, and according to Joel Barras of Reed Smith LLP,...

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