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Category:Agency Fees

Guest Post: Free Riding and Friedrichs

Jan 13, 2016 Ben Levin

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 between Chief Justice John Roberts and California Solicitor General Edward DuMont is worth a […]

Friedrichs Versus Wisconsin’s Act 10: A Brief Primer

Jan 13, 2016 Jake Rosenfeld

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 Strom on this blog. Alas, if the oral arguments provide a guide, a […]

Bar Associations Are Much More Like Unions Than Friedrichs’ Attorney Acknowledged

Jan 13, 2016 Andrew Strom

At the Friedrichs oral argument, Justice Ginsburg asked Michael Carvin, the attorney for Rebecca Friedrichs, how a decision overruling Abood v. Detroit Board of Education, would affect Supreme Court decisions authorizing mandatory fees to bar associations. Whether intentional or not, Carvin’s answer was more than a little misleading. To back up, a number of states […]

The Friedrichs Oral Argument & How A Majority Would Overrule Abood

Jan 12, 2016 Catherine Fisk

It has been widely reported that the oral argument in Friedrichs v. California Teachers Association suggests that five justices are poised to strike down fair share fees for public-sector employees in the twenty-plus states that allow them. The crucial votes were thought to be Justice Kennedy (the swing vote, and also the author of the […]

Re-Post: A Further Observation about Justice Scalia and Friedrichs

Jan 12, 2016 Catherine Fisk

Note: This post was originally published on October 5th, and is being re-published in light of yesterday’s oral arguments in Friedrichs. Given Justice Scalia’s consistent view that public employees have minimal free speech rights, doctrinal consistency should require him to reject the First Amendment challenge to union fair share fees in Friedrichs. As Professor Sachs points […]

Friedrichs Oral Argument Commentary Round-Up

Jan 11, 2016 Juhyung Harold Lee

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.” The major newspapers also called the argument in favor of petitioners. The New York Times observed that although “[t]he best hope […]

Re-Post: Scalia May Be Critical Vote in Friedrichs v. California Teachers’ Ass’n

Jan 11, 2016 Catherine Fisk

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 to public school teachers the right-to-work regime the Court imposed on home care workers […]

Re-Post: An Observation about Justice Scalia and Friedrichs

Jan 11, 2016 Benjamin Sachs

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 concurrence in Lehnert v. Ferris Faculty Ass’n. But, to date, we’ve largely ignored another Scalia opinion that deserves much more attention. That […]

Friedrichs Oral Argument Transcript

Jan 11, 2016 Juhyung Harold Lee

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. However, this early exchange between petitioners’ counsel (Michael Carvin of Jones Day) and Justice Scalia does not seem […]

Friedrichs Reply Brief

Dec 14, 2015 Juhyung Harold Lee

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 respondents’ invocation of the “less-than-exacting” balancing test set forth in Pickering v. Board of Education is erroneous, as that test […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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Guest Post: Free Riding and Friedrichs

Friedrichs Versus Wisconsin’s Act 10: A Brief Primer

Bar Associations Are Much More Like Unions Than Friedrichs’ Attorney Acknowledged

The Friedrichs Oral Argument & How A Majority Would Overrule Abood

Re-Post: A Further Observation about Justice Scalia and Friedrichs

Friedrichs Oral Argument Commentary Round-Up

Re-Post: Scalia May Be Critical Vote in Friedrichs v. California Teachers’ Ass’n

Re-Post: An Observation about Justice Scalia and Friedrichs

Friedrichs Oral Argument Transcript

Friedrichs Reply Brief