Earlier today, counsel for petitioners filed their opening brief in Friedrichs v. California Teachers Association.
According to petitioners, fair-share arrangements create a “regime of compelled political speech [that] is irreconcilable with [the Supreme] Court’s decisions in every related First Amendment context, as well as its recent recognition of ‘the critical First Amendment rights at stake’ in such arrangements” (citing Knox v. SEIU). They further contend that “[t]he logic and reasoning of this Court’s decisions [in Knox and Harris v. Quinn] have shattered the legal foundation of its approval of such compulsion in Abood v. Detroit Board of Education — a decision that was questionable from the start, as Justice Powell argued persuasively in his separate opinion.” Accordingly, petitioners urge the Court to “discard” Abood as a “jurisprudential outlier.”
Petitioners also ask the Court — “[r]egardless of whether [it] overrules Abood” — to “require that public employees affirmatively consent before their money is used to fund concededly political speech by public-sector unions.” Petitioners claim that the “Court’s longstanding refusal to ‘presume acquiescence in the loss of fundamental rights’ requires affirmative consent” (citing Knox).
Again, the full brief is available here. The case will likely be heard “early next year.”
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October 1
Senate confirms Keith Sonderling as Labor Secretary; Amazon warehouse workers launch an unfair labor practice strike.
September 30
Harvard grad union wins in First Circuit; AI data trainers initiate misclassification suits; Trader Joe’s found liable under ERISA.
September 29
Unions, AI companies, and private equity firms form a new coalition to shape data center policies; unions express support for the Paramount-Warner Bros. merger.
September 28
The Protect College Sports Act nears passage in the Senate; San Francisco municipal workers agree to contract extensions.
September 27
The Trump Administration reaches a settlement with federal unions on reduction in force actions; the United Auto Workers file an en banc petition seeking review of a Second Circuit decision regarding labor arbitrations.
September 25
Healthcare workers rally to restore legal status for TPS holders; nurses at a Maine hospital overwhelmingly vote to form their union despite alleged aggressive union busting tactics.