washington public sector unions triumph u.s. supreme court tuesday justices preserve vital source cash organize labor split 4-4 conservative challenge seem destine success justice antonin scalia death last month case bring non-union public school teachers california target fee many state force workers pay unions lieu dues fund collective bargain activities loss case would deprive unions represent teachers police transit workers firefighters government employees millions dollars annually diminish political clout outcome illustrate impact court feb. 13 death scalia long-serving conservative justice almost certainly would cast decisive vote unions virtue split 4-4 justices affirm 2014 lower-court rule allow california compel non-union workers pay fee death justice scalia prove disaster public sector workers paychecks raid unions say iain murray vice president strategy competitive enterprise institute conservative think tank washington court evenly divide four liberals four conservatives leave intact 1977 legal precedent allow fee conservatives long abhor conservatives years try curb influence public sector unions typically back democratic party liberal cause u.s. supreme court today reject political ploy silence public employees like teachers school bus drivers cafeteria workers high education faculty educators work together shape profession say lily eskelsen garcia president national education association teachers union case reach high court washington-based conservative group center individual right sue behalf lead plaintiff rebecca friedrichs elementary school teacher anaheim nine teachers argue fee infringe upon free-speech right non-union workers u.s. constitution jan. 11 oral arguments case scalia still bench give court majority five conservatives conservative justices arguments voice support non-union teachers second case court split 4-4 since scalia die likely come months perhaps include major case abortion vote right contraception insurance coverage remain unclear scalia replace senate republicans vow block confirmation president barack obama nominee replace scalia centrist appellate judge merrick garland republicans fear garland confirmation would tilt court leave first time decades issue case decide tuesday so-called agency fee equivalent union dues currently mandatory non-union workers laws half state include california decision mean status quo remain unions able collect fee non-union workers california non-union teachers pay union 325,000 members around 600 annually mandatory fee collective bargain non-union teachers lawyers say plan ask court rehear case death justice scalia outcome unexpected say terry pell president center individual right split decision mean ongoing doubt constitutionality forcible collection millions dollars dues pell add million public sector employees subject union contract include mandatory fee provision accord national right work legal defense foundation back non-union teachers organize labor express worry rule throw fee would give employees less incentive join public-sector unions would get benefit collective bargain undertake unions without pay teachers file lawsuit 2013 ask justices overturn 1977 abood v. detroit board education supreme court rule allow laws permit public sector unions collect fee workers members long money spend political activities agency fee already ban 25 state so-called right-to-work laws state unions still represent workers membership rat low federal employee unions also collect fee rule come relief organize labor unionize civil servants state without right-to-work laws comprise main power base court last week also split 4-4 split loan discrimination case last month dow chemical co opt settle class action case pending court 835 million cite scalia death reason scalia see reliable vote class action defendants u.s. top court hand win unions split 4-4 without scalia