No. 23-1214

Tanishia Hubbard v. Service Employees International Union Local 2015, et al.

Lower Court: Ninth Circuit
Docketed: 2024-05-14
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: civil-rights compelled-speech due-process first-amendment free-speech government-deduction janus-v-afscme labor-union labor-unions public-employee state-action union-dues
Key Terms:
SocialSecurity FirstAmendment DueProcess LaborRelations Privacy JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Does the First Amendment protect a nonmember public employee against government deduction of union dues when the employee's union forged her membership and dues authorization agreement?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioners, individual providers Tanishia Hubbard and Kristy Jimenez, never agreed to join a union or pay dues. Despite this, their public employers deducted full union dues from their wages. When Petitioners called the deductions into question, their unions produced electronic membership cards forged to include Petitioners’ names. The resulting involuntary deductions violate Petitioners’ rights to be free from compelled speech pursuant to Harris v. Quinn, 573 U.S. 616 (2014) and Janus v. Am. Fed’n of State, Cnty., Mun. Emps. Council 31, U.S. 878, 929-930 (2018). Despite these precedents, the Ninth Circuit affirmed the district courts’ dismissals of Petitioners’ actions, refusing to find that governments and public sector unions violate public employees’ First Amendment rights when they take money from employees’ paychecks without the employees’ consent. The questions presented are: 1. Does the First Amendment protect a nonmember public employee against government deduction of union dues when the employee’s union forged her membership and dues authorization agreement? 2. Does a public sector labor union act under “color of law” when, pursuant to state statute, it directs a government employer to deduct union dues from employees who have never consented? (i)

Docket Entries

2024-10-07
Petition DENIED.
2024-06-18
DISTRIBUTED for Conference of 9/30/2024.
2024-06-13
2024-06-11
Waiver of right of respondents Don Clintsman (DSHS), Jay Inslee (Wash. Gov.) to respond filed.
2024-06-07
Waiver of right of respondents California Attorney General Rob Bonta, and California State Controller Malia M. Cohen to respond filed.
2024-06-03
Waiver of right of respondents Service Employees International Union, Local 2015; Service Employees International Union, Local 775; Service Employees International Union to respond filed.
2024-05-10
Petition for a writ of certiorari filed. (Response due June 13, 2024)
2024-03-02
Application (23A775) granted by Justice Kagan extending the time to file until May 10, 2024.
2024-02-27
Application (23A778) granted by Justice Kagan extending the time to file until May 10, 2024.
2024-02-21
Application (23A778) to extend the time to file a petition for a writ of certiorari from March 11, 2024 to May 10, 2024, submitted to Justice Kagan.
2024-02-21
Application (23A775) to extend the time to file a petition for a writ of certiorari from March 11, 2024 to May 10, 2024, submitted to Justice Kagan.

Attorneys

California Attorney General Rob Bonta, and California State Controller Malia M. Cohen
Anya BinsaccaCalifornia Department of Justice, Respondent
Don Clintsman (DSHS), Jay Inslee (Wash. Gov.)
Noah Guzzo PurcellOffice of the Attorney General, Respondent
Service Employees International Union, Local 2015; Service Employees International Union, Local 775; Service Employees International Union
Scott A. KronlandAltshuler Berzon, LLP, Respondent
Tanishia Hubbard
Shella Sadovnik AlcabesFreedom Foundation, Petitioner
Upper Midwest Law Center
James Vincent Francis DickeyUpper Midwest Law Center, Amicus