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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March 16
Starbucks' union negotiations are resurrected; jobs data is released.
March 15
A U.S. District Court issues a preliminary injunction against the Department of Veterans Affairs for terminating its collective bargaining agreement, and SEIU files a lawsuit against DHS for effectively terminating immigrant workers at Boston Logan International Airport.
March 13
Republican Senators urge changes on OSHA heat standard; OpenAI and building trades announce partnership on data center construction; forced labor investigations could lead to new tariffs
March 12
EPA terminates contract with second-largest union; Florida advances bill restricting public sector unions; Trump administration seeks Supreme Court assistance in TPS termination.
March 11
The partial government shutdown results in TSA agents losing their first full paycheck; the Fifth Circuit upholds the certification of a class of former United Airline workers who were placed on unpaid leave for declining to receive the COVID-19 vaccine for religious reasons during the pandemic; and an academic group files a lawsuit against the State Department over a policy that revokes and denies visas to noncitizens for their work in fact-checking and content moderation.
March 10
Court rules Kari Lake unlawfully led USAGM, voiding mass layoffs; Florida Senate passes bill tightening union recertification rules; Fifth Circuit revives whistleblower suit against Lockheed Martin.