The Janus decision by the U.S. Supreme Court has caused state and local governments to review their policies for union fees, but they need to do more. They should stop collecting fees until union members clearly affirm that is their choice.

For years it was legal for public-sector unions to force nonmembers to pay fees without their consent. The fees were called “fair share payments” or “agency fees.” The argument was that those nonmembers benefited from representation in bargaining from unions. So, they should help pay for the costs of representation.

But what it meant was the government made it OK to extract payments from individuals and turn around and use that money to advocate for positions they do not agree with.

The U.S. Supreme Court ruled that public-sector unions must stop forcing nonmembers to pay fees without their consent. The “First Amendment is violated when money is taken from nonconsenting employees for a public-sector union; employees must choose to support the union before anything is taken from them,” the court said.

In Oregon state and local governments have been sorting out what the ruling means. For instance, Bend-La Pine Schools is bargaining new language for its union contracts. The city of Bend is also making some modifications.

The state of Oregon’s legal advice to governments in the state is that the decision only applies to nonmembers of unions who were paying dues. But the Liberty Justice Center, which represented the plaintiff in the Janus case, makes a convincing argument state and local governments need to do more.

It argues that previous authorizations that employees made before the Janus decision were based on a choice the court has ruled unconstitutional. The choice employees faced was: Become a union member and pay dues or don’t become a member and pay fees. The Liberty Justice Center says that means any previous consent was framed unconstitutionally and does not satisfy the court’s intent of clear and affirmative consent. In other words, public unions need to stop collecting dues from any union members until they consent.

It seems inevitable that the issue will be tested in court. But public sector unions and employers have thin ground to stand on if they think it’s OK to compel collection of fees based on a choice that was ruled unconstitutional.