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AFP-NM: SCOTUS Decision on Janus v. AFSCME is Win for Constitution and Public Employees 

Jun 26, 2018 by AFP

Ruling will expand worker freedom by allowing public employees a choice in joining and funding a union

Albuquerque, N.M. – Today the Supreme Court ruled in favor of Mark Janus in the monumental case for worker freedom and free speech, Janus v. American Federation of State, County, and Municipal Employees (AFSCME). The decision overturned Abood v. Detroit Board of Education (1977), in which the Court ruled that unions can require public employees to pay fees to cover collective bargaining costs.

The Janus decision now expands worker freedom across the country, as more than five million public employees in 22 states that don’t have a right-to-work law, including New Mexico, are no longer forced to fund political advocacy without their consent.

Americans for Prosperity-New Mexico (AFP-NM) has been at the forefront of the push for right-to-work policies in the state, having launched in 2017 the “New Jobs New Mexico” campaign, a multilayered grassroots campaign to educate citizens about the impact of right-to-work.


AFP-NM State Director Burly Cain issued the following statement:

“This decision isn’t just a win for Mark Janus but a win for workers in New Mexico and across the country, too. First Amendment rights are unassailable. Forcing public workers to fund political activity to keep a job and support their family is not just unfair but also a violation of the bedrock principles enshrined in the Constitution.”




At issue in this case was the power of labor unions to collect “fair share” or “agency fees” from public employees who have opted out of the union in their workplace.

Mark Janus is a public employee in Illinois that challenged the condition that public workers are required to pay fees to union officials as a condition of working for the government and serving the public. Janus argued because his employer’s collective bargaining directly affects public policy issues like pension liabilities, taxes, spending, and more that he should not be compelled to fund this lobbying and political speech.

For further information or an interview, reach Lorenz Isidro at or (703) 887-7724

Americans for Prosperity (AFP) exists to recruit, educate, and mobilize citizens in support of the policies and goals of a free society at the local, state, and federal level, helping every American live their dream – especially the least fortunate. AFP has more than 3.2 million activists across the nation, a local infrastructure that includes 36 state chapters, and has received financial support from more than 100,000 Americans in all 50 states. For more information, visit