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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 […]

Will Justice Thomas Bring His Brand of Originalism to Friedrichs?

Dec 10, 2015 Andrew Strom

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 Justice Thomas will remain silent during the argument. This will allow for […]

Friedrichs Amici Brief: State Public Policy Research Organizations

Dec 9, 2015 Juhyung Harold Lee

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 dissenting opinion in Lehnert v. Ferris Faculty Association may provide some insight into how he will come […]

Friedrichs Amicus Briefs: The Problem with Free Riders

Dec 2, 2015 Juhyung Harold Lee

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 free riders on unions’ capacity for collective bargaining and, relatedly, […]

Friedrichs and Broccoli

Dec 1, 2015 Andrew Strom

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 you to buy broccoli? The implication was that this would be […]

Which Parts of Their Collective Bargaining Agreements Do the Friedrichs Plaintiffs Oppose?

Nov 24, 2015 Andrew Strom

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 positions, including positions taken in collective bargaining.” The fair share fees that are […]

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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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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

Will Justice Thomas Bring His Brand of Originalism to Friedrichs?

Friedrichs Amici Brief: State Public Policy Research Organizations

Friedrichs Amicus Briefs: The Problem with Free Riders

Friedrichs and Broccoli

Which Parts of Their Collective Bargaining Agreements Do the Friedrichs Plaintiffs Oppose?