No. 23-1215

Christopher Deering v. International Brotherhood of Electrical Workers Local 18, et al.

Lower Court: Ninth Circuit
Docketed: 2024-05-14
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: color-of-law compelled-speech dues dues-payments first-amendment free-speech political-speech public-employee union union-membership
Key Terms:
AdministrativeLaw SocialSecurity FirstAmendment DueProcess LaborRelations Privacy JusticiabilityDoctri Jurisdiction
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether the First Amendment protects a public employee's right to disassociate from a union

Question Presented (OCR Extract)

QUESTIONS PRESENTED The questions presented are: 1. Asa matter of first impression, whether the First Amendment protects a public employee’s right to disassociate from a union—by resigning union membership and canceling dues payments—that must be waived before a government employer and union can compel the employee to remain a member, to continue paying union dues, or both, after he resigns union membership and attempts to withdraw authorization to dues payments. 2. Whether a local municipality is liable for damages if it unconstitutionally compels public employees to fund union political speech pursuant to a policy it chose to collectively bargain with a union that requires employees to continue paying union dues after they resign union membership and withdraw authorization to dues payments. 3. Whether a union acts “under color of law” when it instructs a government employer to deduct union dues from an employee’s wages pursuant to a policy it collectively bargained with a government employer that requires employees to continue paying union dues after they resign union membership and withdraw authorization to dues payments. (i)

Docket Entries

2024-10-07
Petition DENIED.
2024-06-18
DISTRIBUTED for Conference of 9/30/2024.
2024-06-07
Waiver of right of respondent California Attorney General Rob Bonta to respond filed.
2024-05-29
Waiver of right of respondent International Brotherhood of Electrical Workers Local 18 to respond filed.
2024-05-22
Waiver of right of respondent City of Los Angeles to respond filed.
2024-05-10
Petition for a writ of certiorari filed. (Response due June 13, 2024)
2024-02-28
Application (23A780) granted by Justice Kagan extending the time to file until May 10, 2024.
2024-02-21
Application (23A780) 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
Anya BinsaccaCalifornia Department of Justice, Respondent
Anya BinsaccaCalifornia Department of Justice, Respondent
Christopher Deering
James Gideon AbernathyFreedom Foundation, Petitioner
James Gideon AbernathyFreedom Foundation, Petitioner
City of Los Angeles
Johanna Gordon ZelmanFord Harrison LLP, Respondent
Johanna Gordon ZelmanFord Harrison LLP, Respondent
International Brotherhood of Electrical Workers Local 18
Donald William Heine Jr.Schwartz, Steinsapir, Dohrmann & Sommers LLP, Respondent
Donald William Heine Jr.Schwartz, Steinsapir, Dohrmann & Sommers LLP, Respondent