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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June 3
JOLTS data shows mixed labor market as personal income declines; New York Fed research links remote work to rising youth unemployment; Virginia Governor Spanberger signs sweeping employment reform package.
June 2
Illinois passes rideshare driver unionization bill; DOL issues new union financial reporting rule; unions push back against AI data center regulations.
June 1
Federal judge declines to block New Jersey cannabis labor peace requirements; EEOC issues proposed rescission of rule protection companies undertaking voluntary affirmative action plans; Connecticut governor signs AI law requiring employers to give notice about use of AI in employment decision-making.
May 31
The disparity between corporate profits and worker pay hits a record high; Colorado Governor Jared Polis vetoes pro-union legislation; MLB announces its counteroffer in negotiations with the MLBPA.
May 29
Senators advance on college athlete rights bill; USDA strains OSHA with proposed meat production lines speed-up.
May 28
University of California workers union reach agreement; Texas shrimp industry asks for more visas.