Last week, California Attorney General Kamala Harris submitted a brief asking the Supreme Court to deny certiorari in Friedrichs v. California Teachers Association (previously discussed here and here), and thereby to let Abood live to fight another day. Harris’s brief — which was filed at the request of the Court after she initially waived her right to respond to the petition — tracks a number of the same arguments raised by the respondent unions in their separate brief.
First, Harris challenged petitioners’ implicit contention that “all public-sector bargaining is ‘political speech'” by arguing that “negotiations addressing routine employment matters . . . are not ‘political’ in that sense.” Second, Harris claimed that “[o]verruling Abood‘s long-established rule would undermine important state interests and cause unwarranted disruption in States, such as California, that have structured and maintained their public employment systems based on [Abood and its progeny].” Third, Harris questioned whether Friedrichs was “a good vehicle” for deciding Abood‘s continued viability, suggesting that petitioners’ rush to have their case heard before the Court has led not only to some unusual procedural moves, but also, and more importantly, to a factual record that “has not been developed in a way that would allow the Court to consider the constitutional issues in any concrete or adequately tested factual context.”
Finally, Harris responded to petitioners’ argument that requiring employees to opt out of paying nonchargeable expenses violates the First Amendment by noting that each of the petitioners “has successfully opted out of paying for [nonchargeable] activities for many years.” That “[n]o individual petitioner . . . has been unable to exercise the right not to support nonchargeable activities,” Harris argued, suggests that there has been no “actual interference with petitioners’ rights.” Harris also attacked petitioners’ claim of a circuit split on this issue, arguing that a “conflict of authority” exists not “on the validity of opt-out requirements,” but rather, only on the “narrower question” of whether employees must renew their objections each year.
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November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.
November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.
November 16
Boeing workers in St. Louis end a 102-day strike, unionized Starbucks baristas launch a new strike, and Illinois seeks to expand protections for immigrant workers