On March 29, 2016, the Supreme Court issued a decision rejecting attempts by anti-union forces to render agency fee unconstitutional in the public sector. The AAUP filed with the American Federation of Teachers an amicus brief arguing that the payment of agency fees by non-members in collective bargaining unions to support union representation is constitutional. Ultimately the Court upheld an appellate court decision that found agency fee constitutional without addressing the substantive arguments in the case. Rather the Supreme Court decision stated in full “The judgment is affirmed by an equally divided Court.” Thus, the law remains as it has for over forty years. However, since the Court was equally divided, it could revisit the issue, in this or another case, once a new justice is appointed to the Court.