Among the slew of amicus briefs submitted on behalf of the petitioners in Friedrichs v. California Teachers Association, one brief in particular is starting to attract some extra attention. The New York Times reported today on an ongoing battle between Illinois Governor Bruce Rauner and the state’s attorney general, Lisa Madigan, over an amicus brief filed on behalf of “Bruce Rauner, Governor of Illinois” and certain administrative staff of an Illinois school district. In a letter submitted to the Supreme Court earlier this month, Illinois Solicitor General Carolyn Shapiro alleged that the filing was “unauthorized” because “neither the governor nor his attorneys have the authority, as a matter of state law, to represent the state or its officials in any court or to determine the state’s litigation positions.”
Writing in his own letter to the Court, the governor’s general counsel initially claimed that the brief was filed “only in [Governor Rauner’s] individual capacity.” However, Solicitor General Shapiro responded by pointing out that the governor’s brief “makes no such claim” and moreover, that “it would be unlawful for . . . state employees paid from public tax revenues . . . to represent Mr. Rauner in his individual capacity in any matter.” The governor’s staff subsequently clarified in an email to the Times that Governor Rauner “‘filed the brief in his official capacity’ but ‘was speaking on behalf of his office only.'”
The Times notes that although “[t]he charges in Ms. Shapiro’s letters may be correct, . . . it is hard to see what they accomplish” given that “[s]he did not ask the Supreme Court to reject the governor’s brief” and may in fact “have piqued the justices’ interest in it.” Rather than seeking the brief’s rescission, suggests Professor Neal Devins of William & Mary Law School, “[p]erhaps the A.G. wants to signal to home state constituents that the governor is lawless and is seeking political advantage by embarrassing him.” Notably, Illinois was the site of the most recent clash over union fees to land before the Supreme Court, Harris v. Quinn.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.
November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.
November 16
Boeing workers in St. Louis end a 102-day strike, unionized Starbucks baristas launch a new strike, and Illinois seeks to expand protections for immigrant workers