NPR legal affairs correspondent Nina Totenberg concluded that after this morning’s oral argument, Abood v. Detroit Board of Education — the “[l]andmark Supreme Court decision” at the heart of Friedrichs — “is on life support.” Th... More »
Note: This post was originally published on June 30th, and is being re-published in light of today’s oral arguments in Friedrichs. The Court today granted review in Friedrichs v. California Teachers’ Ass’n. This suggests that four Justices may want to extend ... More »
Note: This post was originally published on October 1st, and is being re-published in light of today’s oral arguments in Friedrichs. In the run-up to the oral argument in Friedrichs we’ve paid a lot of attention to Justice Scalia’s concurrenc... More »
The Supreme Court has released a transcript of this morning’s oral argument in Friedrichs v. California Teachers Association. As OnLabor contributors have previously noted, Justice Scalia has been identified as the potential swing vote in the case. Howev... More »
The petitioners have submitted their reply brief in Friedrichs v. California Teachers Association. Calling upon the Supreme Court to apply “exacting scrutiny” to the fair-share provisions at issue in Friedrichs, the petitioners contend that the res... More »
The Supreme Court has now scheduled the oral argument in Friedrichs for January 11, 2015. At the conclusion of the argument, court observers will undoubtedly try to predict the outcome based on the questions the Justices ask. But, one safe bet is that Justic... More »
In the run-up to oral argument in Friedrichs v. California Teachers Association, OnLabor will be reviewing some of the significant amicus briefs that have been filed in the case. As Professor Fisk previously observed, Justice Scalia’s concurring and diss... More »
In the run-up to oral argument in Friedrichs v. California Teachers Association — now set for January 11, 2016 — OnLabor will be reviewing some of the significant amicus briefs that have been filed in the case. Two opposing views have emerged on the effect of ... More »
The more I think about the Friedrichs case, the more I am reminded of broccoli. Remember how the opponents of the Affordable Care Act kept going on about broccoli? If the government could make you buy health insurance, then couldn’t the government also force... More »
The theory of the Friedrichs case is that requiring the plaintiffs to pay fair share fees imposes a “severe and ongoing infringement” of their rights to free speech. Their Complaint asserts that each plaintiff “objects to many of the unions’ public policy pos... More »
In the run-up to oral argument in Friedrichs v. California Teachers Association, OnLabor will be reviewing some of the significant amicus briefs that have been filed in the case. Although federal employees are not directly implicated by the questions raised by... More »
In the run-up to oral argument in Friedrichs v. California Teachers Association, OnLabor will be reviewing some of the significant amicus briefs that have been filed in the case. A number of states have also weighed in on the side of the Friedrichs respondents... More »