Tuesday, June 30, 2015

Supreme Court Grants Cert in Friedrichs

Supreme CourtToday, the Supreme Court granted cert. in Friedrich's v. Cal. Teacher's Association.  The issues presented are

(1) Whether Abood v. Detroit Board of Education should be overruled and public-sector “agency shop” arrangements invalidated under the First Amendment; and (2) whether it violates the First Amendment to require that public employees affirmatively object to subsidizing nonchargeable speech by public-sector unions, rather than requiring that employees affirmatively consent to subsidizing such speech.

I'm sure I'll get disagreement on this point, but I think issue 1 isn't going anywhere.  The Court took a shot at Abood in Harris v. Quinn, but clearly didn't have five votes.  Far more likely is issue 2, with the Court probably holding that public-sector unions must use an opt-in system for dues, rather than the current opt-out rule.  I've never been sympathetic to the view that the Constitution mandates opt-in over opt-out, but the Court has been dropping some big hints about going in the direction over the last few years.

Stay tuned.

Hat Tip: John Coyle

-JH

http://lawprofessors.typepad.com/laborprof_blog/2015/06/supreme-court-grants-cert-in-friedrichs.html

Labor and Employment News, Labor Law | Permalink

Comments

Post a comment