Among the slew of amicus briefs submitted on behalf of the petitioners in Friedrichs v. California Teachers Association, one brief in particular is starting to attract some extra attention. The New York Times reported today on an ongoing battle between Illinois Governor Bruce Rauner and the state’s attorney general, Lisa Madigan, over an amicus brief filed on behalf of “Bruce Rauner, Governor of Illinois” and certain administrative staff of an Illinois school district. In a letter submitted to the Supreme Court earlier this month, Illinois Solicitor General Carolyn Shapiro alleged that the filing was “unauthorized” because “neither the governor nor his attorneys have the authority, as a matter of state law, to represent the state or its officials in any court or to determine the state’s litigation positions.”
Writing in his own letter to the Court, the governor’s general counsel initially claimed that the brief was filed “only in [Governor Rauner’s] individual capacity.” However, Solicitor General Shapiro responded by pointing out that the governor’s brief “makes no such claim” and moreover, that “it would be unlawful for . . . state employees paid from public tax revenues . . . to represent Mr. Rauner in his individual capacity in any matter.” The governor’s staff subsequently clarified in an email to the Times that Governor Rauner “‘filed the brief in his official capacity’ but ‘was speaking on behalf of his office only.'”
The Times notes that although “[t]he charges in Ms. Shapiro’s letters may be correct, . . . it is hard to see what they accomplish” given that “[s]he did not ask the Supreme Court to reject the governor’s brief” and may in fact “have piqued the justices’ interest in it.” Rather than seeking the brief’s rescission, suggests Professor Neal Devins of William & Mary Law School, “[p]erhaps the A.G. wants to signal to home state constituents that the governor is lawless and is seeking political advantage by embarrassing him.” Notably, Illinois was the site of the most recent clash over union fees to land before the Supreme Court, Harris v. Quinn.
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September 14
Workers at Boeing reject the company’s third contract proposal; NLRB Acting General Counsel William Cohen plans to sue New York over the state’s trigger bill; Air Canada flight attendants reject a tentative contract.
September 12
Zohran Mamdani calls on FIFA to end dynamic pricing for the World Cup; the San Francisco Office of Labor Standards Enforcement opens a probe into Scale AI’s labor practices; and union members organize immigration defense trainings.
September 11
California rideshare deal advances; Boeing reaches tentative agreement with union; FTC scrutinizes healthcare noncompetes.
September 10
A federal judge denies a motion by the Trump Administration to dismiss a lawsuit led by the American Federation of Government Employees against President Trump for his mass layoffs of federal workers; the Supreme Court grants a stay on a federal district court order that originally barred ICE agents from questioning and detaining individuals based on their presence at a particular location, the type of work they do, their race or ethnicity, and their accent while speaking English or Spanish; and a hospital seeks to limit OSHA's ability to cite employers for failing to halt workplace violence without a specific regulation in place.
September 9
Ninth Circuit revives Trader Joe’s lawsuit against employee union; new bill aims to make striking workers eligible for benefits; university lecturer who praised Hitler gets another chance at First Amendment claims.
September 8
DC Circuit to rule on deference to NLRB, more vaccine exemption cases, Senate considers ban on forced arbitration for age discrimination claims.