Tuesday, January 12, 2016
Guessing the outcome of a U.S. Supreme Court justice's vote based on what he or she says during oral arguments is a dicey proposition, but Justice Antonin Scalia left little doubt of his position today in Friedrichs v. California Teachers Association (CTA), Reuters reports. The Court will decide in Friedrichs whether the teacher-plaintiffs' free speech rights were violated by forcing them to pay the union "agency" fees for collective bargaining and other expenses that supported political causes with which the teachers disagree. During today's argument, Justice Scalia reportedly equated the CTA's collective bargaining duties to political activity such as lobbying. If Justice Scalia's comments reflect his view of the case, the CTA's hopes that he would side with the union as a public-sector employer have been dented. Without Justice Scalia's support, CTA would lose a crucial fifth vote on the Court. The case may also decide the viability of the Court's 1977 decision in Abood v. Detroit Board of Education, in which the Court held that nonunion public sector employees could not be required to fund political activities to which they objected, but could be required to fund activities that benefitted all employees, such as collective bargaining, contract administration, and grievance procedures.