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AFP and Cardinal Institute File Amicus Brief on Worker Freedom Case

Jun 24, 2019 by AFP

CHARLESTON, WV – Americans for Prosperity-West Virginia (AFP-WV) and the Cardinal Institute filed an amicus curiae brief with the state Supreme Court in the case Donna Harper, et al. vs West Virginia AFL-CIO, et al. – a right to work case that challenges a lower court’s ruling that West Virginia’s right to work law is unconstitutional. The West Virginia law allows workers, besides federal employees and employees of airlines or railroads, to no longer be coerced into paying union dues or fees in order to keep their job.

AFP-West Virginia State Director Jason Huffman issued the following statement:

“No West Virginian should be forced to hand over a portion of their paycheck to fund political speech in order to keep their job. As our brief lays out, there is nothing related to the West Virginia Constitution that prevents the state from implementing right to work. The Supreme Court will find this law ends our coercive status quo and replaces it with individual freedom and reaffirms workers’ free speech rights. We thank Attorney General Morrisey for his work in protecting free speech rights and we will continue to advocate for worker freedom for all West Virginians.”

Cardinal Institute Director Executive Director Garrett Ballengee issued the following statement:

“There should be little doubt regarding the constitutionality of right-to-work in West Virginia, and we have great confidence that the amicus brief will shed light on this reality. Right-to-work will serve as an economic catalyst for West Virginia and, most importantly, will protect the right of the worker to provide for his family without being forced to support political causes he fundamentally opposes.”


Last year, in the landmark worker freedom case, Janus v. American Federation of State, County, and Municipal Employees, the Supreme Court ruled that every state can no longer force public employees to fund political speech they disagree with by paying mandatory union fees as a condition to keep their job.

States with right to work policies are associated with many positive economic indicators that reveal increased opportunity for workers. For instance, over a recent 10 year period, right to work states experienced faster manufacturing and overall job growth, higher growth in household consumption, and greater disposable and overall cost of living adjusted incomes.

Americans strongly support right to work laws, including within union households.