Almost as soon as he began his argument, Messenger asked the Court to overrule Abood v. Detroit Board of Education, the 1977 case in which the Supreme Court unanimously upheld public unionism and the idea that all workers covered by a union—even non-members—could be required to pay dues to support the union’s core collective bargaining activities.   Below, you will hear Messenger attempt to distinguish the current facts from the Abood case; he argues that while Abood dealt with “true” public employees hired and paid directly by the state, the home health care providers are different because they are hired by their patients and then are paid via Medicaid reimbursements from the state.  Justice Kagan pushes Messenger, reminding him that his full argument “goes beyond” merely distinguishing Abood, at which point Messenger argues that Abood should be directly overruled.