Actually, it is the role of the judiciary to determine if the legislature has overstepped the bounds of the authority granted to it by Congress, by providing public labor unions with a degree of special authority granted to no other entity. And, as explained elsewhere in this thread by an actual lawyer, there's a pretty solid case that it has.

The courts have already ruled that the unions can create contracts that exclude non-members from bargaining units (and therefore refuse representation to non-members) as long as they don't charge the non-members agency fees. If Janus wins the right not to pay an agency fee, that's what they'll do.

The only scam is in pretending that the unions are forced to represent people like Janus whether or not they receive fees. That's nonsense; it's their decision entirely to include non-members in the bargaining unit.