Jack Goldsmith is the Learned Hand Professor of Law at Harvard Law School, where he teaches and writes about national security law, international law, internet law, and, recently, labor history. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.
The Petitioners’ merits brief in the big public sector union case in the Supreme Court, Harris v. Quinn, was filed today and can be found here. (The Joint Appendix is here.) Former Obama administration Acting Solicitor General Neal Katyal, along with his Hogan Lovells partner Catherine Stetson and others, have joined National Right to Work Legal Defense Foundation attorney William Messenger on the brief. (Messenger filed the cert. petition in Harris and wrote the brief and argued for Respondents in Mulhall.)
Here are the Questions Presented as framed in Respondents’ brief:
This case concerns two Medicaid-waiver programs run by the State of Illinois: the “Rehabilitation Program” and the “Disabilities Program.” Under both, the State subsidizes the costs of homecare services offered to qualifying participants. Illinois has implemented several laws calling for the designation of an “exclusive representative” for the providers of homecare services, that is, a union. Rehabilitation Program providers must also pay compulsory fees to their state-designated representative. The State has not yet designated an exclusive representative for the Disabilities Program providers.
The questions presented in this case are:
1. Whether a State may, consistent with the First and Fourteenth Amendments to the Constitution, compel homecare providers to accept and financially support a private organization as their exclusive representative to petition the State for greater reimbursements from its Medicaid programs?
2. Whether homecare providers may challenge a law that permits the State to compel them to associate with a union before the State has designated the particular union that will represent them?
UPDATE: Accepting the Court’s implicit invitation in Knox (as explained by Ben, here), Petitioners in Harris argue that “Abood Should Be Overruled Because It Failed to Give Adequate Recognition to First Amendment Rights.” The stakes in Harris are now very high.
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March 3
In today’s news and commentary, Texas dismantles their contracting program for minorities, NextEra settles an ERISA lawsuit, and Chipotle beats an age discrimination suit. Texas Acting Comptroller Kelly Hancock is being sued in state court for allegedly unlawfully dismantling the Historically Underutilized Business (HUB) program, a 1990s initiative signed by former Governor George W. Bush […]
March 2
Block lays off over 4,000 workers; H-1B fee data is revealed.
March 1
The NLRB officially rescinds the Biden-era standard for determining joint-employer status; the DOL proposes a rule that would rescind the Biden-era standard for determining independent contractor status; and Walmart pays $100 million for deceiving delivery drivers regarding wages and tips.
February 27
The Ninth Circuit allows Trump to dismantle certain government unions based on national security concerns; and the DOL set to focus enforcement on firms with “outsized market power.”
February 26
Workplace AI regulations proposed in Michigan; en banc D.C. Circuit hears oral argument in CFPB case; white police officers sue Philadelphia over DEI policy.
February 25
OSHA workplace inspections significantly drop in 2025; the Court denies a petition for certiorari to review a Minnesota law banning mandatory anti-union meetings at work; and the Court declines two petitions to determine whether Air Force service members should receive backpay as a result of religious challenges to the now-revoked COVID-19 vaccine mandate.