Check this out: in this order, a Wisconsin state trial court today held that the state’s right to work law — which prohibits labor unions “from assessing dues, fees, or other charges of any kind on non-union members” — is a taking. The court concluded that unions have a property interest in the contract negotiation and related services they provide, and the law takes this interest by allowing “free riders” (nonunion members who benefit from the deals the union makes) to, well, free ride. Although the order doesn’t expressly say so, the court concludes, in effect, that the law impresses unions into public service.
There’s going to be a whole lot more on this case, no doubt, so stay tuned. More here (“State court judge throws out Wisconsin Right to Work Law“) . Remember, Wisconsin Supreme Court justices are elected, which adds another twist.