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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December 22
Worker-friendly legislation enacted in New York; UW Professor wins free speech case; Trucking company ordered to pay $23 million to Teamsters.
December 21
Argentine unions march against labor law reform; WNBA players vote to authorize a strike; and the NLRB prepares to clear its backlog.
December 19
Labor law professors file an amici curiae and the NLRB regains quorum.
December 18
New Jersey adopts disparate impact rules; Teamsters oppose railroad merger; court pauses more shutdown layoffs.
December 17
The TSA suspends a labor union representing 47,000 officers for a second time; the Trump administration seeks to recruit over 1,000 artificial intelligence experts to the federal workforce; and the New York Times reports on the tumultuous changes that U.S. labor relations has seen over the past year.
December 16
Second Circuit affirms dismissal of former collegiate athletes’ antitrust suit; UPS will invest $120 million in truck-unloading robots; Sharon Block argues there are reasons for optimism about labor’s future.