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Harris v. Quinn

Docket No.11-681
Op. Below7th Cir.
ArgumentJan 21, 2014

Holding

The First Amendment prohibits the collection of an agency fee from the plaintiffs in this case, home health care providers who do not wish to join or support a union.

Judgment

Reversed in part, affirmed in part, and remanded, 5-4, in an opinion by Samuel Alito on Jun 30, 2014. Justice Kagan filed a dissenting opinion in which Justice Ginsburg, Justice Breyer, and Justice Sotomayor joined.

Issue: (1) Whether a state may, consistent with the First and Fourteenth Amendments to the United States Constitution, compel personal care providers to accept and financially support a private organization as their exclusive representative to petition the state for greater reimbursements from its Medicaid programs; and (2) whether the lower court erred in holding that the claims of providers in the Home Based Support Services Program are not ripe for judicial review.

Proceedings & orders timeline

Nov 29, 2011
Petition for a writ of certiorari filed. (Response due January 4, 2012)
Dec 22, 2011
Order extending time to file response to petition to and including February 3, 2012, for all respondents.
Dec 30, 2011
Waiver of right of respondent Pat Quinn, Governor of Illinois to respond filed.
Jan 4, 2012
Motion for leave to file amici brief filed by Center for Constitutional Jurisprudence, et al..
Jan 4, 2012
Brief amici curiae of Cato Institute, et al. filed.
Feb 3, 2012
Brief of respondent SEIU Healthcare Illinois and Indiana, et al. in opposition filed.
Feb 15, 2012
DISTRIBUTED for Conference of March 2, 2012.
Feb 16, 2012
Reply of petitioners Pamela Harris, et al. filed. (Distributed)
Feb 29, 2012
Response Requested . (Due March 30, 2012)
Mar 19, 2012
Order extending time to file response to petition to and including April 30, 2012.
Apr 30, 2012
Brief of respondent Pat Quinn, Governor of Illinois in opposition filed.
May 10, 2012
Reply of petitioners Pamela Harris, et al. filed.
May 15, 2012
DISTRIBUTED for Conference of May 31, 2012.
Jun 25, 2012
DISTRIBUTED for Conference of June 28, 2012.
Jun 29, 2012
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 10, 2013
Brief amicus curiae of the United States filed.
May 21, 2013
DISTRIBUTED for Conference of June 6, 2013.
May 22, 2013
Supplemental brief of petitioners in response to brief amicus curiae of the United States filed. (Distributed).
Jun 10, 2013
DISTRIBUTED for Conference of June 13, 2013.
Jun 17, 2013
DISTRIBUTED for Conference of June 20, 2013.
Jun 25, 2013
DISTRIBUTED for Conference of June 26, 2013.
Sep 23, 2013
DISTRIBUTED for Conference of September 30, 2013.
Oct 1, 2013
Motion for leave to file amici brief filed by Center for Constitutional Jurisprudence, et al. GRANTED.
Oct 1, 2013
Petition GRANTED.
Oct 22, 2013
The time to file the joint appendix and petitioners' brief on the merits is extended to and including November 22, 2013.
Oct 30, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent Quinn.
Oct 31, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Nov 1, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents S.E.I.U. Healthcare Illinois & Indiana, et al.
Nov 4, 2013
SET FOR ARGUMENT ON Tuesday, January 21, 2014.
Nov 13, 2013
Record received from U.S.C.A. for 7th Circuit is electronic (Not on PACER).
Nov 22, 2013
Joint appendix filed. (Statement of costs filed.)
Nov 22, 2013
Brief of petitioners Pamela Harris, et al. filed.
Nov 27, 2013
Brief amici curiae of California Public School Teachers, et al. filed.
Nov 27, 2013
Brief amici curiae of Cato Institute, et al. filed.
Nov 27, 2013
Brief amici curiae of Center for Constitutional Jurisprudence, et al. filed.
Nov 27, 2013
Brief amici curiae of Family Child Care Inc., et al. filed.
Nov 27, 2013
Brief amicus curiae of Illinois Policy Institute filed. (Distributed)
Nov 27, 2013
Consent to the filing of amicus cuirae briefs, in support of either party or of neither party, received from counsel for respondent AFSME Council 31.
Nov 29, 2013
Brief amici curiae of Albert Contreras, et al. filed.
Nov 29, 2013
Brief amicus curiae of Mackinac Center for Public Policy filed. (Distributed)
Dec 2, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Local 73, S.E.I.U.
Dec 4, 2013
CIRCULATED.
Dec 23, 2013
Brief of respondent SEIU Healthcare Illinois & Indiana filed. (Distributed)
Dec 23, 2013
Brief of respondents AFSCME Council 31, and SEIU Local 73 filed. (Distributed)
Dec 23, 2013
Brief of respondent Pat Quinn, Governor of Illinois filed. (Distributed)
Dec 27, 2013
Brief amici curiae of American Association of People With Disabilities, et al. filed. (Distributed)
Dec 30, 2013
Brief amicus curiae of the United States filed. (Distributed)
Dec 30, 2013
Brief amici curiae of 21 Past Presidents of the D.C. Bar filed. (Distributed)
Dec 30, 2013
Brief amici curiae of State of New York, et al. filed. (Distributed)
Dec 30, 2013
Brief amici curiae of Public Safety Employees filed. (Distributed)
Dec 30, 2013
Brief amici curiae of Labor Law Professors filed. (Distributed)
Dec 30, 2013
Brief amicus curiae of The Paraprofessional Healthcare Institute (PHI) filed. (Distributed)
Dec 30, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 30, 2013
Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
Dec 30, 2013
Brief amici curiae of National Education Association, et al. filed. (Distributed)
Dec 30, 2013
Brief amici curiae of California, et al. filed. (Distributed)
Dec 30, 2013
Brief amici curiae of Homecare Historians filed. (Distributed)
Jan 10, 2014
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jan 14, 2014
Reply of petitioners Pamela Harris, et al. filed. (Distributed)
Jan 21, 2014
Argued. For petitioners: William L. Messenger, Springfield, Va. For respondents: Paul M. Smith, Washington, D. C.; and Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 30, 2014
Adjudged to be REVERSED IN PART, AFFIRMED IN PART, and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined.
Aug 1, 2014
JUDGMENT ISSUED.

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