Friedrichs v. California Teachers Association

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-915	9th Cir.	Jan 11, 2016	Mar 29, 2016	4-4	Per Curiam	OT 2015

Issue: (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.

Judgment: Affirmed by an equally divided Court in a per curiam opinion on March 29, 2016.

SCOTUSblog Coverage

Teachers want union fee case reheard -- probably next Term (Lyle Denniston, April 8, 2016)
Opinion analysis: Result but no guidance on public unions' fees (FINAL UPDATE) (Lyle Denniston, March 29, 2016)
Union fees in jeopardy: In Plain English (Amy Howe, January 11, 2016)
Argument analysis: The question not asked (Lyle Denniston, January 11, 2016)
Justices return to dispute over union fees for non-members: In Plain English (Amy Howe, January 5, 2016)
Argument preview: New threat to public-employee unions (Lyle Denniston, January 4, 2016)
SCOTUS for law students: Who speaks for Illinois? (Stephen Wermiel, November 23, 2015)
Symposium: Another battle in the war over union fees (Charlotte Garden, August 28, 2015)
Symposium: Correcting the "historical accident" of opt-out requirements (David Rivkin and Andrew Grossman, August 27, 2015)
Symposium: The Friedrichs petition should be dismissed (Catherine Fisk, August 26, 2015)
Symposium: Public-sector unions, labor relations, and free speech (Ann Hodges, August 25, 2015)
Symposium: Will the Court continue to recognize a distinction between bargaining with government and lobbying the government? (Bill Messenger, August 25, 2015)
New challenge to public employee unions, made simple (Lyle Denniston, August 24, 2015)
Symposium: Overrule Abood to protect individual rights (Deborah La Fetra, August 24, 2015)
A new look at race and politics in redistricting (Lyle Denniston, June 30, 2015)
New threat to public employee unionism (Lyle Denniston, June 30, 2015)
Petition of the day (Maureen Johnston, April 10, 2015)

Date	Proceedings and Orders (key to color coding)
01/26/2015	Petition for a writ of certiorari filed. (Response due March 2, 2015)
02/19/2015	Order extending time to file response to petition to and including April 1, 2015, for all respondents.
02/24/2015	Brief amicus curiae of Pacific Legal Foundation filed.
02/27/2015	Brief amicus curiae of National Right to Work Legal Defense Fund filed.
02/27/2015	Brief amicus curiae of Mackinac Center for Public Policy filed.
02/27/2015	Brief amicus curiae of Goldwater Institute filed.
02/27/2015	Brief amici curiae of Consitutional Law Professors, et al. filed.
02/27/2015	Waiver of right of respondent Elliott Duchon to respond filed.
03/02/2015	Brief amici curiae of Former California Governor Pete Wilson, et al. filed.
03/02/2015	Brief amici curiae of Kaneland, Illinois Unified School District #302 Administrative Support Staff filed.
03/02/2015	Brief amicus curiae of The Cato Institute filed.
03/02/2015	Brief amici curiae of Michigan and Eight Other States filed.
03/30/2015	Waiver of right of respondent Kamala D. Harris, Attorney General of California to respond filed.
04/01/2015	Brief of respondents California Teachers Association, et al. in opposition filed.
04/14/2015	Reply of petitioners Rebecca Friedrichs, et al. filed.
04/15/2015	DISTRIBUTED for Conference of May 1, 2015.
04/27/2015	Response Requested . (Due May 27, 2015)
05/27/2015	Brief of respondent Kamala D. Harris, Attorney General of California in opposition filed.
05/27/2015	Brief of respondent Elliott Duchon, Superintendent, Jurupa Unified School District in opposition filed.
05/28/2015	Letter dated May 28, 2015, from counsel for petitioners received waiving 14-day waiting period pursuant to Rule 15.5.
06/01/2015	Reply of petitioners to brief in opposition of the Attorney General of California. filed. (Distributed)
06/02/2015	DISTRIBUTED for Conference of June 18, 2015.
06/16/2015	Rescheduled.
06/22/2015	DISTRIBUTED for Conference of June 25, 2015.
06/25/2015	DISTRIBUTED for Conference of June 29, 2015.
06/30/2015	Petition GRANTED.
07/07/2015	The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 4, 2015.
07/07/2015	The time to file respondents' briefs on the merits is extended to and including October 26, 2015.
07/21/2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
07/24/2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents California Teachers Association, et al.
07/27/2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent Kamala D. Harris, Attorney General of California.
09/04/2015	Joint appendix (2 volumes) filed. (Statement of costs filed)
09/04/2015	Brief of petitioners Rebecca Friedrichs, et al. filed.
09/09/2015	Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for Elliott Duchon, Superintendent, Jurupa Unified School District.
09/10/2015	Brief amicus curiae of The Cato Institute filed.
09/10/2015	Brief amicus curiae of Susana Martinez, Governor of New Mexico filed.
09/10/2015	Brief amicus curiae of Mackinac Center for Public Policy filed.
09/11/2015	Brief amicus curiae of Buckeye Institute for Public Policy Solutions filed.
09/11/2015	Brief amicus curiae of Rutherford Institute filed.
09/11/2015	Brief amicus curiae of Becket Fund for Religious Liberty filed.
09/11/2015	Brief amicus curiae of National Federation of Independent Business Small Business Legal Center filed.
09/11/2015	Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
09/11/2015	Brief amici curiae of Center on National Labor Policy, Inc., et al. filed.
09/11/2015	Brief amici curiae of Bruce Rauner, Governor of Illinois, et al. filed.
09/11/2015	Brief amici curiae of Freedom Foundation and Dr. John Balz filed.
09/11/2015	Brief amici curiae of State Public Policy Research Organizations filed.
09/11/2015	Brief amicus curiae of Constitutional Law Professors, et al. filed.
09/11/2015	Brief amici curiae of Pacific Legal Foundation, et al. filed.
09/11/2015	Brief amici curiae of Former California Governor Pete Wilson, et al. filed.
09/11/2015	Brief amici curiae of Illinois State Workers filed.
09/11/2015	Brief amicus curiae of Daniel DiSalvo filed.
09/11/2015	Brief amicus curiae of Public School Teachers Who Favor School Choice filed.
09/11/2015	Brief amici curiae of Michigan and Seventeen Other States filed.
09/11/2015	Brief amicus curiae of Goldwater Institute filed.
09/11/2015	Brief amici curiae of Former California Senate Majority Leader Gloria Romero, et al. filed.
09/11/2015	Brief amicus curiae of Mountain States Legal Foundation filed.
09/11/2015	Brief amicus curiae of Atlantic Legal Foundation filed.
09/11/2015	Brief amicus curiae of Friedman Foundation for Educational Choice, Inc. filed.
09/11/2015	Brief amici curiae of Glenn J. Schworak and James E. Mitchell filed.
09/25/2015	Letter of Carolyn E. Shapiro, Solicitor General of Illinois received. (Distributed)
10/01/2015	Letter of Jason Barclay, General Counsel to the Governor received. (Distributed)
10/09/2015	Letter of Carolyn E. Shapiro, Solicitor General of Illinois received. (Distributed)
10/19/2015	Application (15A422) for an extension of time within which to file petitioners' reply brief on the merits, submitted to Justice Kennedy.
10/21/2015	The time to file respondents' briefs on the merits is further extended to and including November 6, 2015.
10/21/2015	Application (15A422) for an extension of time within which to file petitioners' reply brief on the merits is GRANTED by Justice Kennedy, and the time is extended to and including December 14, 2015.
11/06/2015	Brief of respondents Union Respondents filed.
11/06/2015	Brief of respondent Attorney General of California filed.
11/06/2015	Brief amici curiae of Corporate Law Professors filed.
11/12/2015	Brief amicus curiae of California School Employees Association filed. (Distributed)
11/12/2015	Brief amici curiae of Peace Officers Research Association of California, et al. filed.
11/12/2015	Brief amici curiae of 21 Past Presidents of the D.C. Bar filed.
11/12/2015	Brief amici curiae of Public School Teachers Brittany Alexander, et al.
11/12/2015	Brief amicus curiae of National Fraternal Order of Police filed.
11/13/2015	Brief amicus curiae of United States filed.
11/13/2015	Brief amicus curiae of New York City Municipal Labor Committee filed.
11/13/2015	Brief amicus curiae of International Association of Fire Fighters filed.
11/13/2015	Brief amici curiae of School Districts filed.
11/13/2015	Brief amici curiae of Social Scientists filed.
11/13/2015	Brief amici curiae of Republican Current and Former Members of State Legislatures and Congress filed.
11/13/2015	Brief amici curiae of Constitutional Law Scholars filed.
11/13/2015	Brief amici curiae of National Women's Law Center, et al. filed.
11/13/2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for enlargement of time for oral argument, and for divided argument filed.
11/13/2015	Motion for divided argument filed by respondent Attorney General of California.
11/13/2015	Brief amici curiae of States of New York, et al. filed.
11/13/2015	Brief amici curiae of Professors Cynthia L. Estlund, et al. filed.
11/13/2015	Brief amici curiae of Cities, Counties and Elected Officials filed.
11/13/2015	Brief amicus curiae of Steve Bullock, Governor of Montana filed.
11/13/2015	Brief amici curiae of Labor Law & Labor Relations Professors filed.
11/13/2015	Brief amici curiae of American Federation of Labor and Congress of Industrial Organizatons, et al. filed.
11/13/2015	Brief amici curiae of American Federation of Teachers and American Association of University Professors filed.
11/13/2015	Brief amici curiae of National Council on Teacher Retirement, et al. filed.
11/13/2015	Brief amici curiae of Los Angeles County's Department of Health Services, et al. filed.
11/13/2015	Brief amicus curiae of The City of New York filed.
11/24/2015	SET FOR ARGUMENT on Monday, January 11, 2016
11/30/2015	Motion for divided argument filed by respondent GRANTED.
11/30/2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED, and the time is divided as follows: 40 minutes for petitioners, 15 minutes for the Union Respondents, 15 minutes for respondent Attorney General of California, and 10 minutes for the Solicitor General.
12/04/2015	Record requested from U.S.C.A. 9th Circuit.
12/11/2015	CIRCULATED.
12/14/2015	Reply of petitioners Rebecca Friedrichs, et al. filed. (Distributed)
01/11/2016	Argued. For petitioners: Michael A. Carvin, Washington, D. C. For respondent Attorney General of California: Edward C. DuMont, Solicitor General of California, San Francisco, Cal. For Union Respondents: David C. Frederick, Washington, D. C. For United States as amicus curiae supporting respondents: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C.
03/29/2016	Adjudged to be AFFIRMED. Opinion per curiam. The judgment is affirmed by an equally divided Court.
04/08/2016	Petition for Rehearing filed.
04/13/2016	DISTRIBUTED for Conference of April 29, 2016.
04/28/2016	Rescheduled.
05/09/2016	DISTRIBUTED for Conference of May 12, 2016.
05/10/2016	Rescheduled.
05/16/2016	DISTRIBUTED for Conference of May 19, 2016.
05/17/2016	Rescheduled.
05/23/2016	DISTRIBUTED for Conference of May 26, 2016.
05/25/2016	Rescheduled.
05/31/2016	DISTRIBUTED for Conference of June 2, 2016.
06/01/2016	Rescheduled.
06/06/2016	DISTRIBUTED for Conference of June 9, 2016.
06/08/2016	Rescheduled.
06/13/2016	DISTRIBUTED for Conference of June 16, 2016.
06/16/2016	Rescheduled.
06/20/2016	DISTRIBUTED for Conference of June 23, 2016.
06/21/2016	Rescheduled.
06/27/2016	DISTRIBUTED for Conference of June 27, 2016.
06/28/2016	Rehearing DENIED.
06/28/2016	JUDGMENT ISSUED