Whether public employees can seek relief under 42 U.S.C. § 1983 for nonconsensual union dues deductions that compel political speech without affirmative consent

No question identified. : Pursuant to Supreme Court Rule 13(5), the abovecaptioned hereby moves for an extension of time of 60 days, up to and including May 10, 2024, for the filing of a Petition for a Writ of Certiorari. In support of this request, Kristy Jimenez (“Jimenez”) states as follows: 1.The United States Court of Appeals for the Ninth Circuit issued its opinion on October 23, 2023 (Exhibit 1), and issued its order denying rehearing en banc on December 12, 2023 (Exhibit 2). The mandate issued December 20, 2023. Unless an extension is granted, the deadline for filing a petition for certiorari will be March 11, 2024. Applicants are filing this application at least ten days before that date, in accordance with Supreme Court Rule 13.5. This Court has jurisdiction under 28 U.S.C. §1254(1). 2. Jimenez was never a union member and never signed any agreement with the union in her job as an in-home healthcare worker. Despite this fact, the union, Service Employees International Union Local 775, which negotiated on her behalf, and her public employer, took money from their lawfully earned wages for over a year for use in political speech without her affirmative consent. These nonconsensual deductions were taken directly pursuant to a statutory scheme in Washington. See RCW 41.56.1138; RCW 41.80.100(2)(c) and (g) (the State “shall” deduct dues from an employee’s wages upon mere “notice” from the union of the employee’s authorization, and the State “shall rely on information provided by” the union “regarding the authorization and revocation of deductions.”). 3. This Ninth Circuit panels’ decision presents an issue of exceptional importance as to whether public employees suffering compelled speech injuries related to nonconsensual union dues deductions can seek relief pursuant to 42 U.S.C. § 1983. It also exacerbates a conflict of authority with Supreme Court precedent and Seventh Circuit case law with respect to the issue of state action in the context of nonconsensual union dues. In Janus, the Supreme Court made clear both government officials and unions operating under state deduction systems and _ without contractual authorization or affirmative consent are state actors under Section 1983 when they take and spend a public employee’s lawfully earned wages on objectionable political speech. Janus v. Am. Fed’n of State, Cnty., & Mun. Emps., Council 31, 138 S. Ct. 2448, 2486 (2018). 4. Petitioner’s Counsel of Record, Ms. Shella Alcabes, has been on maternity leave since December 25, 2023, and will not be returning to work until April 15, 2024, which is more than one month after the original due date of this pending Petition. Ms. Alcabes also has substantial argument and _ briefing obligations when she returns from maternity leave, including two other petitions for writ of certiorari in Hubbard v. Service Employees International Union, Local 2015, et al., No. 21-16408 (9th Cir. 2024) (due March 11, 2024), and Kant, et al., v. Service Employees International, et al., No. 22-55904 (9th Cir. 2024) (Due March 11, 2024),1 oral argument in Parde v. Service Employees International, 721, et al., No. 22-03320 (C.D. Cal. 2023), appeal docketed, No. 23-55021 (9th Cir. Jan. 11, 2023) (pending May or June 2024 date), oral argument in Freedom Foundation v. DCAS, No. 152725/22 (NY Sup. Dec. 6, 2022), appeal docketed, No. 2023-01154 (NY App Div. Mar. 6, 2023) (scheduled April 16, 2024), and oral argument in Freedom Foundation v. Jefferson, No. EF2022-02775 (NY Sup. Jan. 20, 2023) appeal docketed, No. CA-23-00339 (NY App Div. Feb. 24, 2023) (scheduled April 17, 2024). 5. WHEREFORE, for the foregoing reasons, and in order to cogently prepare for the pending Petition, requests an extension of time up 1 Requests for extensions will also be filed in Hubbard v. Service Employees International Union, Local 2015, et al., No. 21-16408 (9th Cir. 2024) (due March 11, 2024), and Kant, et al., v. Service Employees International, et al., No. 22-55904 (9th