No. 19-847

Jonathan Reisman v. Associated Faculties of the University of Maine, et al.

Lower Court: First Circuit
Docketed: 2020-01-06
Status: Denied
Type: Paid
Amici (11)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: associational-freedoms compelled-association constitutional-scrutiny exclusive-representation first-amendment free-speech labor-union labor-unions public-sector public-sector-employees
Key Terms:
Arbitration ERISA SocialSecurity FirstAmendment DueProcess LaborRelations JusticiabilityDoctri
Latest Conference: 2020-09-29 (distributed 2 times)
Question Presented (AI Summary)

Whether it violates the First Amendment to designate a labor union to represent and speak for public-sector employees who object to its advocacy on their behalf

Question Presented (OCR Extract)

QUESTION PRESENTED Three times in recent years, this Court has recognized that schemes compelling public-sector employees to associate with labor unions impose a “significant impingement” on those employees’ First Amendment rights. Knox v. SEIU, 567 U.S. 298, 310-11 (2012); Harris v. Quinn, 134 8. Ct. 2618, 2639 (2014); Janus v. AFSCME, 138 S. Ct. 2448, 2483 (2018). The most recent of those decisions, Janus, likewise recognized that a state’s appointment of a labor union to speak for its employees as their exclusive representative was “itself a significant impingement on associational freedoms that would not be tolerated in other contexts.” 138 S. Ct. at 2478. The lower courts, however, have refused to subject exclusive representation schemes to any degree of constitutional scrutiny, on the mistaken view that this Court approved such arrangements in Minnesota State Board for Community Colleges v. Knight, 465 U.S. 271 (1984). The question presented is therefore: Whether it violates the First Amendment to designate a labor union to represent and speak for publicsector employees who object to its advocacy on their behalf.

Docket Entries

2020-10-05
Petition DENIED.
2020-10-05
Motion for leave to file amicus brief filed by Freedom Foundation GRANTED.
2020-09-08
Supplemental brief of respondent Associated Faculties of the University of Maine filed. (Distributed)
2020-09-02
Supplemental brief of petitioner Jonathan Reisman filed. (Distributed)
2020-07-15
DISTRIBUTED for Conference of 9/29/2020.
2020-07-13
Reply of petitioner Jonathan Reisman filed. (Distributed)
2020-06-29
Brief of respondent Associated Faculties of the University of Maine in opposition filed.
2020-06-26
Brief of respondent State of Maine in opposition filed.
2020-06-25
Brief of respondent University of Maine at Machias, the Board of Trustees of the University of Maine System in opposition filed.
2020-04-01
Motion to extend the time to file a response is granted and the time is further extended to and including June 30, 2020, for all respondents.
2020-04-01
Letter of respondent Maine received.
2020-03-30
Motion to extend the time to file a response from April 30, 2020 to June 30, 2020, submitted to The Clerk.
2020-03-09
Motion to extend the time to file a response is granted and the time is extended to and including April 30, 2020, for all respondents.
2020-03-05
Motion to extend the time to file a response from March 30, 2020 to April 30, 2020, submitted to The Clerk.
2020-02-27
Response Requested. (Due March 30, 2020)
2020-02-19
DISTRIBUTED for Conference of 3/6/2020.
2020-02-05
Brief amicus curiae of The Cato Institute filed.
2020-02-05
Brief amici curiae of Public Policy Research Organizations and Advocacy Groups filed.
2020-02-05
Brief amicus curiae of National Association of Scholars filed.
2020-02-05
Brief amicus curiae of Goldwater Institute filed.
2020-02-05
Brief amicus curiae of Liberty Justice Center filed.
2020-02-05
Motion for leave to file amicus brief filed by Freedom Foundation.
2020-02-05
Brief amicus curiae of The Fairness Center filed.
2020-02-04
Brief amicus curiae of Competitive Enterprise Institute filed.
2020-02-04
Brief amicus curiae of National Right to Work Legal Defense Foundation filed.
2020-01-31
Waiver of right of respondent State of Maine to respond filed.
2020-01-31
Waiver of right of respondents University of Maine at Machias, the Board of Trustees of the University of Maine System to respond filed.
2020-01-30
Waiver of right of respondent Associated Faculties of the University of Maine to respond filed.
2020-01-24
Brief amicus curiae of Pacific Legal Foundation filed.
2020-01-02
Petition for a writ of certiorari filed. (Response due February 5, 2020)

Attorneys

Associated Faculties of the University of Maine
Jacob Raffel KarabellBredhoff & Kaiser, P.L.L.C., Respondent
Competitive Enterprise Institute
Sam Kazman — Amicus
Freedom Foundation
James Gideon AbernathyFreedom Foundation, Amicus
Goldwater Institute
Jacob H. HuebertGoldwater institute, Amicus
Jonathan Reisman
Andrew Michael GrossmanBaker & Hostetler LLP, Petitioner
Liberty Justice Center
Daniel Robert SuhrLiberty Justice Center, Amicus
National Association of Scholars
George Edward AnhangShearman & Sterling LLP, Amicus
National Right to Work Legal Defense Foundation
William L. Messengerc/o National Right to Work Legal Defense Foundation, Inc., Amicus
Pacific Legal Foundation
Erin Elizabeth WilcoxPacific Legal Foundation, Amicus
Public Policy Research Organizations and Advocacy Groups
Erik S. JaffeSchaerr | Jaffe LLP, Amicus
State of Maine
Susan P. HermanOffice of the Attorney General, Respondent
The Cato Institute
Ilya ShapiroCato Institute, Amicus
The Fairness Center
Nathan John McGrathThe Fairness Center, Amicus
University of Maine at Machias, the Board of Trustees of the University of Maine System
Linda Dufty McGillBernstein, Shur, Sawyer and Nelson, PA, Respondent