No. 23-1112

Ryan Cram, et al. v. Service Employees International Union Local 503, Oregon Public Employees Union, et al.

Lower Court: Ninth Circuit
Docketed: 2024-04-12
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 1st-amendment campaign-contributions campaign-finance civil-rights compelled-speech first-amendment free-speech labor-union labor-unions public-employees public-sector union-political-funds
Key Terms:
SocialSecurity FirstAmendment DueProcess LaborRelations Privacy JusticiabilityDoctri ClassAction
Latest Conference: 2024-09-30 (distributed 2 times)
Question Presented (AI Summary)

Do public employees who are former union members possess the First Amendment right to refuse to contribute to union political campaign funds?

Question Presented (OCR Extract)

QUESTIONS PRESENTED For nearly fifty years, this Court has held that public sector labor unions can fund political speech only through “charges, dues, or assessments paid by employees who do not object to advancing those ideas.” Abood v. Detroit Bd. of Ed., 431 U.S. 209, 235-36 (1977); Knox v. SEIU, Loc. 1000, 567 U.S. 298, 322 (2012); Janus v. American Federation of State, County, and Mun. Employees, Council 31, 585 U.S. 878, 884886 (2018). However, unions in California and Oregon use their statutory authority to force objecting non-union public employees to contribute to political campaign funds— the exact type of political spending that could not be forced upon nonmembers even prior to Janus. The Ninth Circuit upheld this result below, reasoning that this compelled funding fails to even implicate the First Amendment because the employees previously joined the union. The questions presented are: 1. Do public employees who are former union members possess the First Amendment right to refuse to contribute to union political campaign funds? 2. Does a union act under color of law when, pursuant to state statutory authority, it takes political campaign contributions from objecting public employees’ wages? (i)

Docket Entries

2024-10-07
Petition DENIED.
2024-09-13
2024-09-13
Reply of Ryan Cram, et al. submitted.
2024-08-07
DISTRIBUTED for Conference of 9/30/2024.
2024-07-22
Brief of respondent Katy Coba, in her official capacity as Director of the Oregon Department of Administrative Services in opposition filed. (Distributed)
2024-07-22
Brief of respondents Service Employees International Union, Local 503, et al. in opposition filed.
2024-07-22
Brief of respondents Service Employees International Union, Local 503, Oregon Public Employees Union; and Union of American Physicians and Dentists, AFSCME Local 206 in opposition filed.
2024-07-22
Brief of respondents Rob Bonta, California Attorney General, et al. in opposition filed.
2024-07-22
Brief of California Attorney General Rob Bonta; California State Controller Malia M. Cohen; and California Correctional Healthcare Services in opposition submitted.
2024-07-22
Brief of KATY COBA, in her official capacity as Director of the Oregon Department of Administrative Services in opposition submitted.
2024-07-22
Brief of Service Employees International Union, Local 503, Oregon Public Employees Union; and Union of American Physicians and Dentists, AFSCME Local 206 in opposition submitted.
2024-05-28
Motion to extend the time to file a response is granted and the time is extended to and including July 22, 2024, for all respondents.
2024-05-24
Motion to extend the time to file a response from June 7, 2024 to July 22, 2024, submitted to The Clerk.
2024-05-08
Response Requested. (Due June 7, 2024)
2024-05-07
Waiver of right of respondent KATY COBA, in her official capacity as Director of the Oregon Department of Administrative Services to respond filed.
2024-05-07
DISTRIBUTED for Conference of 5/23/2024.
2024-05-01
Waiver of right of respondents Service Employees International Union, Local 503, Oregon Public Employees Union; and Union of American Physicians and Dentists, AFSCME Local 206 to respond filed.
2024-04-30
Waiver of right of respondents California Attorney General Rob Bonta; California State Controller Malia M. Cohen; and California Correctional Healthcare Services to respond filed.
2024-04-10
Petition for a writ of certiorari filed. (Response due May 13, 2024)
2024-03-02
Application (23A787) granted by Justice Kagan extending the time to file until April 10, 2024.
2024-02-21
Application (23A786) to extend the time to file a petition for a writ of certiorari from March 11, 2024 to April 10, 2024, submitted to Justice Kagan.
2024-02-21
Application (23A786) granted by Justice Kagan extending the time to file until April 10, 2024.
2024-02-21
Application (23A787) to extend the time to file a petition for a writ of certiorari from March 11, 2024 to April 10, 2024, submitted to Justice Kagan.

Attorneys

California Attorney General Rob Bonta; California State Controller Malia M. Cohen; and California Correctional Healthcare Services
Aaron Daniel PennekampCalifornia Department of Justice, Respondent
Aaron Daniel PennekampCalifornia Department of Justice, Respondent
Anya BinsaccaCalifornia Department of Justice, Respondent
Anya BinsaccaCalifornia Department of Justice, Respondent
KATY COBA, in her official capacity as Director of the Oregon Department of Administrative Services
Benjamin Noah GutmanOregon Department of Justice, Respondent
Katy Coba, in her official capacity as Director of the Oregon Department of Administrative Services
Benjamin Noah GutmanOregon Department of Justice, Respondent
Ryan Cram, et al.
Rebekah Christine MillardFreedom Foundation, Petitioner
Rebekah Christine SchulthesisFreedom Foundation, Petitioner
Rebekah Christine SchulthesisFreedom Foundation, Petitioner
Service Employees International Union, Local 503, Oregon Public Employees Union; and Union of American Physicians and Dentists, AFSCME Local 206
Scott A. KronlandAltshuler Berzon, LLP, Respondent
Scott A. KronlandAltshuler Berzon, LLP, Respondent