Question Presented (AI Summary)
Does the Civil Service Reform Act of 1978 empower the Federal Labor Relations Authority to regulate the labor practices of state militias?
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1. Does the Civil Service Reform Act of 1978, which empowers the Federal Labor Relations Authority to regulate the labor practices of federal agencies only, see 5 U.S.C. §7105(g), empower it to regulate the labor practices of state militias? 2. The second Militia Clause empowers Congress to “provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States.” U.S. Const. art. I, §8, cl. 16. Assuming the Civil Service Reform Act of 1978 permits the Federal Labor Relations Authority to regulate the labor practices of state militias, is the Act unconstitutional in its application to labor practices pertaining to militia members who are not employed in the service of the United States?
2023-05-18
Adjudged to be AFFIRMED. Thomas, J. delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-1454_6kgm.pdf'>opinion</a> of the Court, in which Roberts, C. J, and Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined.
2023-01-09
Argued. For petitioners: Benjamin M. Flowers, Solicitor General, Columbus, Ohio.
For federal respondent: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For union respondent: Andres M. Grajales, Washington, D. C.
2022-12-23
Motion for divided argument filed by American Federation of Government Employees, Local 3970 GRANTED.
2022-12-22
Reply of petitioners The Ohio Adjutant General's Department, et al. filed. (Distributed)
2022-12-20
Record received from the U.S.C.A. 6th Circuit. The record has been transmitted electronically.
2022-12-16
Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations, et al. filed. (Distributed)
2022-12-16
Brief amici curiae of Military Law Scholars filed. (Distributed)
2022-12-09
Brief of respondent Federal Labor Relations Authority filed. (Distributed)
2022-12-09
Brief of respondent American Federation of Government Employees, Local 3970 filed. (Distributed)
2022-11-29
Motion for divided argument filed by American Federation of Government Employees, Local 3970.
2022-11-16
Record requested from the U.S.C.A. 6th Circuit.
2022-11-16
Brief amicus curiae of South Carolina filed.
2022-11-16
Brief amicus curiae of Americans for Fair Treatment filed.
2022-11-16
Brief amici curiae of Mississippi, et al. filed.
2022-11-15
Brief amicus curiae of America First Policy Institute filed.
2022-11-14
Blanket Consent filed by American Federation of Government Employees, Local 3970
2022-11-10
SET FOR ARGUMENT on Monday, January 9, 2023.
2022-11-09
Joint appendix filed. (Statement of costs filed)
2022-11-09
Brief of petitioners The Ohio Adjutant General's Department, et al. filed.
2022-11-08
Blanket Consent filed by Respondent, Federal Labor Relations Authority
2022-10-03
Petition GRANTED limited to Question 1 presented by the petition.
2022-08-03
DISTRIBUTED for Conference of 9/28/2022.
2022-07-25
Reply of petitioners The Ohio Adjutant General's Department, et al. filed.
2022-07-18
Brief of respondent Federal Labor Relations Authority in opposition filed.
2022-07-15
Brief of Milledge, Matthew Whitmore American Federation of Government Employees, Local 3970, AFL-CIO in opposition filed.
2022-06-16
Brief amici curiae of Mississippi, et al. filed.
2022-06-09
Motion to extend the time to file a response is granted and the time is extended to and including July 18, 2022, for all respondents.
2022-06-08
Motion to extend the time to file a response from June 16, 2022 to July 18, 2022, submitted to The Clerk.
2022-05-13
Petition for a writ of certiorari filed. (Response due June 16, 2022)