Friedrichs v. California Teachers Association
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-915 | 9th Cir. |
Jan 11, 2016 Tr.Aud. |
Mar 29, 2016 | 4-4 | Per Curiam | OT 2015 |
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief by the American Federation of Teachers and American Association of University Professors in support of the respondents in this case.
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)
- Opinion analysis: Result but no guidance on public unions' fees (FINAL UPDATE) (Lyle Denniston)
- Union fees in jeopardy: In Plain English (Amy Howe)
- Argument analysis: The question not asked (Lyle Denniston)
- Justices return to dispute over union fees for non-members: In Plain English (Amy Howe)
- Argument preview: New threat to public-employee unions (Lyle Denniston)
- SCOTUS for law students: Who speaks for Illinois? (Stephen Wermiel)
- Symposium: Another battle in the war over union fees (Charlotte Garden)
- Symposium: Correcting the “historical accident” of opt-out requirements (David Rivkin and Andrew Grossman)
- Symposium: The Friedrichs petition should be dismissed (Catherine Fisk)
- Symposium: Will the Court continue to recognize a distinction between bargaining with government and lobbying the government? (Bill Messenger)
- Symposium: Public-sector unions, labor relations, and free speech (Ann Hodges)
- Symposium: Overrule Abood to protect individual rights (Deborah La Fetra)
- New challenge to public employee unions, made simple (Lyle Denniston)
- A new look at race and politics in redistricting (Lyle Denniston)
- New threat to public employee unionism (Lyle Denniston)
- Petition of the day (Maureen Johnston)
| Date | Proceedings and Orders |
|---|---|
| Jan 26 2015 | Petition for a writ of certiorari filed. (Response due March 2, 2015) |
| Feb 19 2015 | Order extending time to file response to petition to and including April 1, 2015, for all respondents. |
| Feb 24 2015 | Brief amicus curiae of Pacific Legal Foundation filed. |
| Feb 27 2015 | Brief amicus curiae of National Right to Work Legal Defense Fund filed. |
| Feb 27 2015 | Brief amicus curiae of Mackinac Center for Public Policy filed. |
| Feb 27 2015 | Brief amicus curiae of Goldwater Institute filed. |
| Feb 27 2015 | Brief amici curiae of Consitutional Law Professors, et al. filed. |
| Feb 27 2015 | Waiver of right of respondent Elliott Duchon to respond filed. |
| Mar 2 2015 | Brief amici curiae of Former California Governor Pete Wilson, et al. filed. |
| Mar 2 2015 | Brief amici curiae of Kaneland, Illinois Unified School District #302 Administrative Support Staff filed. |
| Mar 2 2015 | Brief amicus curiae of The Cato Institute filed. |
| Mar 2 2015 | Brief amici curiae of Michigan and Eight Other States filed. |
| Mar 30 2015 | Waiver of right of respondent Kamala D. Harris, Attorney General of California to respond filed. |
| Apr 1 2015 | Brief of respondents California Teachers Association, et al. in opposition filed. |
| Apr 14 2015 | Reply of petitioners Rebecca Friedrichs, et al. filed. |
| Apr 15 2015 | DISTRIBUTED for Conference of May 1, 2015. |
| Apr 27 2015 | Response Requested . (Due May 27, 2015) |
| May 27 2015 | Brief of respondent Kamala D. Harris, Attorney General of California in opposition filed. |
| May 27 2015 | Brief of respondent Elliott Duchon, Superintendent, Jurupa Unified School District in opposition filed. |
| May 28 2015 | Letter dated May 28, 2015, from counsel for petitioners received waiving 14-day waiting period pursuant to Rule 15.5. |
| Jun 1 2015 | Reply of petitioners to brief in opposition of the Attorney General of California. filed. (Distributed) |
| Jun 2 2015 | DISTRIBUTED for Conference of June 18, 2015. |
| Jun 16 2015 | Rescheduled. |
| Jun 22 2015 | DISTRIBUTED for Conference of June 25, 2015. |
| Jun 25 2015 | DISTRIBUTED for Conference of June 29, 2015. |
| Jun 30 2015 | Petition GRANTED. |
| Jul 7 2015 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 4, 2015. |
| Jul 7 2015 | The time to file respondents' briefs on the merits is extended to and including October 26, 2015. |
| Jul 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. |
| Jul 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. |
| Jul 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. |
| Sep 4 2015 | Joint appendix (2 volumes) filed. (Statement of costs filed) |
| Sep 4 2015 | Brief of petitioners Rebecca Friedrichs, et al. filed. |
| Sep 9 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. |
| Sep 10 2015 | Brief amicus curiae of The Cato Institute filed. |
| Sep 10 2015 | Brief amicus curiae of Susana Martinez, Governor of New Mexico filed. |
| Sep 10 2015 | Brief amicus curiae of Mackinac Center for Public Policy filed. |
| Sep 11 2015 | Brief amicus curiae of Buckeye Institute for Public Policy Solutions filed. |
| Sep 11 2015 | Brief amicus curiae of Rutherford Institute filed. |
| Sep 11 2015 | Brief amicus curiae of Becket Fund for Religious Liberty filed. |
| Sep 11 2015 | Brief amicus curiae of National Federation of Independent Business Small Business Legal Center filed. |
| Sep 11 2015 | Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed. |
| Sep 11 2015 | Brief amici curiae of Center on National Labor Policy, Inc., et al. filed. |
| Sep 11 2015 | Brief amici curiae of Bruce Rauner, Governor of Illinois, et al. filed. |
| Sep 11 2015 | Brief amici curiae of Freedom Foundation and Dr. John Balz filed. |
| Sep 11 2015 | Brief amici curiae of State Public Policy Research Organizations filed. |
| Sep 11 2015 | Brief amicus curiae of Constitutional Law Professors, et al. filed. |
| Sep 11 2015 | Brief amici curiae of Pacific Legal Foundation, et al. filed. |
| Sep 11 2015 | Brief amici curiae of Former California Governor Pete Wilson, et al. filed. |
| Sep 11 2015 | Brief amici curiae of Illinois State Workers filed. |
| Sep 11 2015 | Brief amicus curiae of Daniel DiSalvo filed. |
| Sep 11 2015 | Brief amicus curiae of Public School Teachers Who Favor School Choice filed. |
| Sep 11 2015 | Brief amici curiae of Michigan and Seventeen Other States filed. |
| Sep 11 2015 | Brief amicus curiae of Goldwater Institute filed. |
| Sep 11 2015 | Brief amici curiae of Former California Senate Majority Leader Gloria Romero, et al. filed. |
| Sep 11 2015 | Brief amicus curiae of Mountain States Legal Foundation filed. |
| Sep 11 2015 | Brief amicus curiae of Atlantic Legal Foundation filed. |
| Sep 11 2015 | Brief amicus curiae of Friedman Foundation for Educational Choice, Inc. filed. |
| Sep 11 2015 | Brief amici curiae of Glenn J. Schworak and James E. Mitchell filed. |
| Sep 25 2015 | Letter of Carolyn E. Shapiro, Solicitor General of Illinois received. (Distributed) |
| Oct 1 2015 | Letter of Jason Barclay, General Counsel to the Governor received. (Distributed) |
| Oct 9 2015 | Letter of Carolyn E. Shapiro, Solicitor General of Illinois received. (Distributed) |
| Oct 19 2015 | Application (15A422) for an extension of time within which to file petitioners' reply brief on the merits, submitted to Justice Kennedy. |
| Oct 21 2015 | The time to file respondents' briefs on the merits is further extended to and including November 6, 2015. |
| Oct 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. |
| Nov 6 2015 | Brief of respondents Union Respondents filed. |
| Nov 6 2015 | Brief of respondent Attorney General of California filed. |
| Nov 6 2015 | Brief amici curiae of Corporate Law Professors filed. |
| Nov 12 2015 | Brief amicus curiae of California School Employees Association filed. (Distributed) |
| Nov 12 2015 | Brief amici curiae of Peace Officers Research Association of California, et al. filed. |
| Nov 12 2015 | Brief amici curiae of 21 Past Presidents of the D.C. Bar filed. |
| Nov 12 2015 | Brief amici curiae of Public School Teachers Brittany Alexander, et al. |
| Nov 12 2015 | Brief amicus curiae of National Fraternal Order of Police filed. |
| Nov 13 2015 | Brief amicus curiae of United States filed. |
| Nov 13 2015 | Brief amicus curiae of New York City Municipal Labor Committee filed. |
| Nov 13 2015 | Brief amicus curiae of International Association of Fire Fighters filed. |
| Nov 13 2015 | Brief amici curiae of School Districts filed. |
| Nov 13 2015 | Brief amici curiae of Social Scientists filed. |
| Nov 13 2015 | Brief amici curiae of Republican Current and Former Members of State Legislatures and Congress filed. |
| Nov 13 2015 | Brief amici curiae of Constitutional Law Scholars filed. |
| Nov 13 2015 | Brief amici curiae of National Women's Law Center, et al. filed. |
| Nov 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. |
| Nov 13 2015 | Motion for divided argument filed by respondent Attorney General of California. |
| Nov 13 2015 | Brief amici curiae of States of New York, et al. filed. |
| Nov 13 2015 | Brief amici curiae of Professors Cynthia L. Estlund, et al. filed. |
| Nov 13 2015 | Brief amici curiae of Cities, Counties and Elected Officials filed. |
| Nov 13 2015 | Brief amicus curiae of Steve Bullock, Governor of Montana filed. |
| Nov 13 2015 | Brief amici curiae of Labor Law & Labor Relations Professors filed. |
| Nov 13 2015 | Brief amici curiae of American Federation of Labor and Congress of Industrial Organizatons, et al. filed. |
| Nov 13 2015 | Brief amici curiae of American Federation of Teachers and American Association of University Professors filed. |
| Nov 13 2015 | Brief amici curiae of National Council on Teacher Retirement, et al. filed. |
| Nov 13 2015 | Brief amici curiae of Los Angeles County's Department of Health Services, et al. filed. |
| Nov 13 2015 | Brief amicus curiae of The City of New York filed. |
| Nov 24 2015 | SET FOR ARGUMENT on Monday, January 11, 2016 |
| Nov 30 2015 | Motion for divided argument filed by respondent GRANTED. |
| Nov 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. |
| Dec 4 2015 | Record requested from U.S.C.A. 9th Circuit. |
| Dec 11 2015 | CIRCULATED. |
| Dec 14 2015 | Reply of petitioners Rebecca Friedrichs, et al. filed. (Distributed) |
| Jan 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. |
| Mar 29 2016 | Adjudged to be AFFIRMED. Opinion per curiam. The judgment is affirmed by an equally divided Court. |
| Apr 8 2016 | Petition for Rehearing filed. |
| Apr 13 2016 | DISTRIBUTED for Conference of April 29, 2016. |
| Apr 28 2016 | Rescheduled. |
| May 9 2016 | DISTRIBUTED for Conference of May 12, 2016. |
| May 10 2016 | Rescheduled. |
| May 16 2016 | DISTRIBUTED for Conference of May 19, 2016. |
| May 17 2016 | Rescheduled. |
| May 23 2016 | DISTRIBUTED for Conference of May 26, 2016. |
| May 25 2016 | Rescheduled. |
| May 31 2016 | DISTRIBUTED for Conference of June 2, 2016. |
| Jun 1 2016 | Rescheduled. |
| Jun 6 2016 | DISTRIBUTED for Conference of June 9, 2016. |
| Jun 8 2016 | Rescheduled. |
| Jun 13 2016 | DISTRIBUTED for Conference of June 16, 2016. |
| Jun 16 2016 | Rescheduled. |
| Jun 20 2016 | DISTRIBUTED for Conference of June 23, 2016. |
| Jun 21 2016 | Rescheduled. |
| Jun 27 2016 | DISTRIBUTED for Conference of June 27, 2016. |
| Jun 28 2016 | Rehearing DENIED. |
| Jun 28 2016 | JUDGMENT ISSUED |
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