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Friedrichs Rehearing Petition Denied

Published June 28th, 2016 -

Months after reaching a 4-4 tie in Friedrichs v. California Teachers Association, the Supreme Court has denied the petitioners’ request for a rehearing. The Court waited until its final conference of the Term to vote on the petition, after postponing its decis... More »

Friedrichs Opinion

Published March 29th, 2016 -

In case you missed it, the Supreme Court has handed down a 4-4 affirmance of the lower court’s opinion in Friedrichs v. California Teachers Association. The Court’s 1977 opinion in Abood v. Detroit Board of Education thus remains good law, and publ... More »

Justice Scalia and Friedrichs

Published February 14th, 2016 -

With yesterday’s news of Justice Scalia’s unexpected passing, the consensus seems to be that the Supreme Court will reach a split 4-4 decision in Friedrichs v. California Teachers Association. In such an occurrence, the Ninth Circuit’s decision below — which u... More »

Friedrichs and the Private Sector

Published January 14th, 2016 -

Friedrichs is a case about fair share fees in the public sector. The question is whether the First Amendment prohibits public employers from bargaining and enforcing fair share agreements. So it was notable that one of the first questions during Monday’s oral ... More »

Guest Post: Free Riding and Friedrichs

Published January 13th, 2016 -

Ben Levin is Climenko Fellow and Lecturer on Law at Harvard Law School. Trying to read the tea leaves in oral argument questions can be a risky proposition.  But, one particular exchange during Monday’s argument in Friedrichs v. California Teachers Association... More »

Friedrichs Versus Wisconsin’s Act 10: A Brief Primer

Published January 13th, 2016 -

This week the Supreme Court heard oral arguments in the Friedrichs case, and unions and their supporters are bracing for the worst.  The legal case in support of the Abood precedent has been persuasively defended by Benjamin Sachs, Katherine Fisk, and Andrew S... More »