More than half of all public K-12 teachers belong to a union, according to Census Bureau data. | AP Photo Teachers unions reel at court decision curbing political clout

The nation’s powerful teachers unions — stalwarts in Democratic Party politics — sustained major damage in a Supreme Court ruling Wednesday that could reverberate for years in their ability to recruit and maintain members, as well as play a leading role in elections.

The case, Janus v. AFSCME, challenged the money that public sector unions like teachers unions collect from nonmembers to cover their share of collective bargaining costs. The case was decided 5-4, a widely anticipated outcome in which the court's five Republican appointees sided against its four Democratic appointees.


Such an arrangement “violates the free speech rights of nonmembers by compelling them to subsidize private speech on matters of substantial public concern,” wrote Justice Samuel Alito for the majority.

Lily Eskelsen García, president of the nation’s largest teachers union, the National Education Association, called the ruling a “radical decision” and “blatant slap in the face” for teachers and other workers.

The ruling undercuts the nation’s two largest teachers unions, the NEA and the American Federation of Teachers. Both have been bracing for the potential hit to their treasuries and membership rolls.

More than half of all public K-12 teachers belong to a union, according to Census Bureau data.

The decision was immediately praised by critics, including private school choice advocates, who have long argued that teachers unions protect their own, blocking change in public school districts that would make them better.

“From apathy to lack of knowledge to deliberate impediments created by unions, these obstacles have kept education from advancing into 21st century,” said Jeanne Allen, founder and CEO of the Center for Education Reform.

But Garcia said: “Those behind this case know that unions amplify workers’ voices and transform their words into powerful and collective action. Even though the Supreme Court sided with corporate CEOs and billionaires over working Americans, unions will continue to be the best vehicle on the path to the middle class.”

Still, American Federation of Teachers President Randi Weingarten said the ruling is “no surprise.”

“Don’t count us out,” Weingarten tweeted. “While today the thirst for power trumped the aspirations and needs of communities and the people who serve them, workers are sticking with the union because unions are still the best vehicle working people have to get ahead.”

Justice Elena Kagan, in her dissent to the ruling, noted that it will have “large-scale consequences.” She said there was no “special justification” for reversing a previous ruling.

“No recent developments have eroded its underpinnings,” Kagan wrote. “And it is deeply entrenched, in both the law and the real world. More than 20 States have statutory schemes built on the decision. Those laws underpin thousands of ongoing contracts involving millions of employees.”

During oral arguments in February, Justice Neil Gorsuch added mystery to the proceedings by remaining silent and offering no hint of how he might vote. The addition of Gorsuch to the court in 2017, however, was widely seen as likely to give plaintiffs the fifth vote they needed to strike down the non-member fees.

NEA, the nation’s largest teachers union with more than 3 million members, has estimated it could lose as many as 300,000 members and see $50 million less in expenditures over two years as a result of the ruling.

Teachers unions have long been a main plank in Democratic Party politics, fundraising and grassroots organizing because of their sheer strength in numbers. Their political clout has also aided them in the successful defeat of policies that unions believe undermine public schools, like the overhaul of state teacher tenure laws or the expansion of charter schools.

Open Secrets, a project of the nonprofit Center for Responsive Politics, has ranked AFT and NEA as the ninth and 11th most generous givers out of more than 18,000 super PACs during the 2016 election cycle. Both unions backed Hillary Clinton for president.

AFT and its affiliates made more than $33 million in contributions and the NEA nearly $30 million — the vast majority of which went to Democratic candidates and liberal organizations nationwide. Together, they deployed more than 160,000 volunteers to knock on doors and make phone calls.

The two unions also teamed up with other labor organizations in 2016 to form a new super PAC called the For Our Future PAC, which made millions of dollars in independent expenditures in favor of Clinton and congressional Democrats.

The challenge to agency fees was brought by Mark Janus of Illinois, who argued that the fees violate his First Amendment rights because they effectively subsidize the union’s political speech. Unions and supporters argued in court that the fees don’t constitute political speech, but rather support workers by defending their pay, benefits and work conditions.

Teachers unions for months have been preparing for the post-verdict reality, rolling out member outreach campaigns in the 22 states where agency fees are mandatory. Among these 22 are some of the country's most populous states with strong teachers unions, like California, Massachusetts and New York — and states like Ohio and Pennsylvania, where President Donald Trump clinched victories in 2016.

Even before Janus, the unions were threatened by a similar case, Friedrichs v. California Teachers Association, which ended in a 4-4 deadlock following the death of Justice Antonin Scalia.

The ruling comes at a pivotal time for teachers unions, which have seen their members in states such as West Virginia, Arizona and Oklahoma picketing in state capitols over issues such as teacher pay and cuts to school funding.

The teachers unions have frequently clashed with Education Secretary Betsy DeVos, who has a long history of anti-union activity. The Michigan-based Mackinac Center for Public Policy, which has received donations from DeVos’ family, backed Janus in briefs filed with the court.

DeVos also quietly attended oral arguments at the Supreme Court in February, SCOTUSblog reported.

Both NEA and AFT are expected to hold their annual massive annual convenings for their members in the coming weeks, in Minneapolis and Pittsburgh, respectively.

Caitlin Emma contributed to this report.