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

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, 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: Will the Court continue to recognize a distinction between bargaining with government and lobbying the government? (Bill Messenger, August 25, 2015)
Symposium: Public-sector unions, labor relations, and free speech (Ann Hodges, August 25, 2015)
Symposium: Overrule Abood to protect individual rights (Deborah La Fetra, August 24, 2015)
New challenge to public employee unions, made simple (Lyle Denniston, 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 9, 2015)

Date	Proceedings and Orders (key to color coding)
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

Tweets by @SCOTUSblog Follow 11,553 518,655

Retweet on Twitter SCOTUSblog Retweeted

; Amy Howe @AHoweBlogger ·

21 Jan 1484606684895002630

#SCOTUS does not take up 2nd question in the case, on whether to overrule its 2020 decision in McGirt v. Oklahoma. Full order is here: https://www.supremecourt.gov/orders/courtorders/012122zr_3f14.pdf https://twitter.com/AHoweBlogger/status/1484606315519516675

Amy Howe @AHoweBlogger

#SCOTUS grants one new case, sets it for argument in April: Oklahoma v. Castro-Huerta, on whether a state has authority to prosecute non-Indians who commit crimes against Indians in Indian country.

Reply on Twitter 1484606684895002630 Retweet on Twitter 1484606684895002630 29 Like on Twitter 1484606684895002630 61 View on Twitter 1484606684895002630

; SCOTUSblog @SCOTUSblog ·

21 Jan 1484578304128659459

More opinions coming on Monday.

Amy Howe @AHoweBlogger

#SCOTUS website indicates that the Court is expected to release more opinions on Monday morning at 10 am.

Reply on Twitter 1484578304128659459 Retweet on Twitter 1484578304128659459 33 Like on Twitter 1484578304128659459 130 View on Twitter 1484578304128659459

Retweet on Twitter SCOTUSblog Retweeted

; John Elwood @johnpelwood ·

20 Jan 1484287807887659011

The next #SCOTUS grants? Kevin McCarthy v. Nancy Pelosi in a fight over congressional proxy voting; the First Amendment-based ministerial exception to employment law returns; nondelegation doctrine (!); and the constitutionality of the FTC's structure.

Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more - SCOTUSblog

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming con...

www.scotusblog.com

Reply on Twitter 1484287807887659011 Retweet on Twitter 1484287807887659011 26 Like on Twitter 1484287807887659011 46 View on Twitter 1484287807887659011

; SCOTUSblog @SCOTUSblog ·

20 Jan 1484269964722855940

JUST IN: The Supreme Court, over dissents from the three liberal justices, rejects a request from Texas abortion clinics to immediately return the litigation over Texas' six-week abortion law to a federal district court.
https://www.supremecourt.gov/opinions/21pdf/21-962_n6io.pdf

Reply on Twitter 1484269964722855940 Retweet on Twitter 1484269964722855940 334 Like on Twitter 1484269964722855940 795 View on Twitter 1484269964722855940

; SCOTUSblog @SCOTUSblog ·

20 Jan 1484180543969415168

The Supreme Court issues a single opinion today, ruling in an 8-1 vote that a criminal defendant's rights were violated under the Sixth Amendment's confrontation clause when the government introduced a plea allocution from another proceeding. https://www.supremecourt.gov/opinions/21pdf/20-637_10n2.pdf

Reply on Twitter 1484180543969415168 Retweet on Twitter 1484180543969415168 77 Like on Twitter 1484180543969415168 222 View on Twitter 1484180543969415168

; SCOTUSblog @SCOTUSblog ·

20 Jan 1484170361113567234

Today at SCOTUS: We expect one or more opinions in argued cases to be issued starting at 10 a.m. EST. At 9:45, we'll fire up our live blog, where we'll also chat about this week's arguments and last night's ruling on Trump records. Grab your ☕️ & join us!

Announcement of opinions for Thursday, Jan. 20 - SCOTUSblog

On Thursday, January 20, we will be live blogging as the court releases opinions in one or more argued cases f...

www.scotusblog.com

Reply on Twitter 1484170361113567234 Retweet on Twitter 1484170361113567234 17 Like on Twitter 1484170361113567234 47 View on Twitter 1484170361113567234

Breaking News

Friedrichs v. California Teachers Association

SCOTUSblog Coverage

Court will take up five new cases, including lawsuit from football coach who wanted to pray on the field

Justices debate speech and religion in spat over flag-flying at Boston city hall

A quest to reclaim a Pissarro masterpiece hinges on the Erie doctrine

Fractured court blocks vaccine-or-test requirement for large workplaces but green-lights vaccine mandate for health care workers