Todd v. American Federation of State, County and Municipal Employees

Certiorari Denied

Petition for certiorari denied on December 8, 2025.

Issue

When a public-sector union gets the government to divert an employee’s pay by stating that he consented to join the union, is it a state actor such that the “clear and compelling evidence” First Amendment standard of Janus applies?

Proceedings & orders timeline

May 9, 2025

Application (24A1098) to extend the time to file a petition for a writ of certiorari from May 21, 2025 to June 20, 2025, submitted to Justice Kavanaugh.

May 16, 2025

Application (24A1098) granted by Justice Kavanaugh extending the time to file until June 20, 2025.

Jun 20, 2025

Petition for a writ of certiorari filed. (Response due July 24, 2025)Jun 26, 2025

Waiver of right of respondent American Federation of State, County and Municipal Employees, Council 5 to respond filed.

Jul 2, 2025

DISTRIBUTED for Conference of 9/29/2025.

Jul 21, 2025

Brief amicus curiae of Liberty Justice Center filed. (Distributed)Jul 24, 2025

Brief amici curiae of National Right to Work Legal Defense Foundation, Inc., et al. filed. (Distributed)

Jul 31, 2025

Response Requested. (Due September 2, 2025)

Sep 2, 2025

Brief of respondent American Federation of State, County and Municipal Employees, Council 5 in opposition filed.Sep 16, 2025

Reply of petitioner Marcus Todd filed.

Nov 12, 2025

DISTRIBUTED for Conference of 12/5/2025.

Dec 8, 2025

Petition DENIED.

Recommended Citation: Todd v. American Federation of State, County and Municipal Employees, SCOTUSblog, https://www.scotusblog.com/cases/todd-v-american-federation-of-state-county-and-municipal-employees/