On February 9, 2015, Illinois Governor Bruce Rauner issued an executive order instructing all state agencies to stop enforcing fair share union contract provisions and required that all such deductions be placed into an escrow account instead of being turned over to unions representing those workers.20 That same day, Governor Rauner filed suit in district court challenging the constitutionality of public-sector unions collection of fair share fees from nonmembers. The unions moved to dismiss the case for lack of subject matter jurisdiction and standing. While those motions were pending, Mark Janus and two other state employees filed a motion to intervene in the case. On May 19, 2015, U.S. District Judge Robert Gettleman ruled that Governor Rauner did not have standing to file suit and granted Janus permission to intervene.

The plaintiffs in Janus are attempting to pick up where Friedrichs left off, and are making the same argument that was addressed over 40 years ago in Abood. As in other cases challenging the collection of fair share fees, the plaintiffs in Janus have acknowledged that they could not prevail in the district or appellate court, which are bound by the Supreme Court precedent in Abood. As a result, the case has been rushed through the courts. On June 6, 2017, the National Right to Work Legal Defense Foundation filed a petition for writ of certiorari in the case (a document filed by the losing party in a case asking the Supreme Court to review the decision of a lower court). The Supreme Court granted the petition on September, 28, 2017, and will hear oral arguments in the case on February 26, 2018.21

Determine the benefits and challenges for each side, Janus and AFSCME.

Janus is non union who's working in the state public sector who has to pay the collective bargaining fees and other unions dues