Whether the First Amendment requires affirmative consent and constitutional waiver standards established in Janus v. AFSCME apply to former union members who previously consented to dues deductions but have since withdrawn their consent

No question identified. : To the Honorable Elena Kagan, Associate Justice of the Supreme Court of the United States and Circuit Justice for the Ninth Circuit: The Ninth Circuit Court of Appeals issued a decision in Christoper Deering’s case on October 23, 2023, affirming the district court’s order dismissing claims (Exhibit A), and issued its order denying rehearing en banc on December 12, 2023 (Exhibit B). The Petition for Writ of Certiorari is due in this Court no later than March 11, 2024. As required, this application precedes that date by more than 10 days. This Court has jurisdiction under 28 U.S.C. § 1254. Pursuant to Supreme Court Rule 13.5, respectfully requests an extension of 60 days to file his Petition in this Court. Granting this application would extend the deadline for the filing of the Petition to May 10, 2024. This case raises important federal questions regarding public employees’ First Amendment right to decline to subsidize the political speech of public sector labor unions. Specifically, the forthcoming Petition concerns whether the affirmative consent and constitutional waiver standard this Court laid down in its landmark decision in Janus v. Am. Fed'n of State, Cnty., & Mun. Emps., Council 31, 138 8. Ct. 2448, 2486 (2018), applies to former union members who previously consented to deductions, but have since withdrawn their consent, or whether it only applied to agency fee payers under regimes which no longer exist. This issue has become the subject of a circuit split between the Ninth, and Seventh, Sixth, and Third Circuits. Counsel of Record has had extensive litigation duties during the preparation period for the Petition, including preparing for two oral arguments scheduled before the Ninth Circuit in Craine v. Am. Fed'n of State, Cnty et al., No. 22-03310 (C.D. Cal. 2023), appeal docketed, No. 23-55206 (9th Cir. Mar. 6, 2023), and Bourque, et al., v. Engineers and Architects Association, et al., No. 21-04006 (C.D. Cal. 2023), appeal docketed, No. 23-55369 (9th Cir. Apr. 20, 2023), preparing an opening brief at the Ninth Circuit in Klee v. International Union of Operating Engineers, Local 501, et al., No. 22-00148 (C.D. Cal. 2023), appeal docketed, No. 23-3304 (9th Cir. Nov. 3, 2023), and preparing and filing a first amended complaint in Baker v. CSEA, et al., No. 23-02857 (E.D. Cal. filed January 29, 2024). Due to these time constraints, and in order to cogently prepare the pending Petition, PetitionerApplicant respectfully requests an order be entered extending his time to file for a Petition for Writ of Certiorari by 60 days, up to and including May 10, 2024. DATED: February 20, 2024. Respectfully submitted, Timothy R. Snowball Counsel of Record Shella Alcabes Freedom Foundation P.O. Box 552 Olympia, WA 98507 Telephone: (3860) 956-3482 Email: Counsel for CERTIFICATE OF SERVICE I declare under penalty of perjury under the laws of the Supreme Court of the United States that on February 20, 2024, I electronically filed with the Supreme Court of the United States the foregoing document, Application for Extension of Time to File Petition for Writ of Certiorari, and caused a true and correct copy of the same to be delivered via e-mail to the following: Mr. Donald Heine, CA SBN #111079 Jr., Esquire, Attorney 6300 Wilshire Boulevard Suite 2000 Los Angeles, CA 90048 dwh@ssdslaw.com, afd@ssdslaw.com Ms. Johanna Zelman, CT SBN #424901 Attorney 185 Asylum Street, Suite 820 Hartford, CT 06103 m Ms. Jessica Bradley, CA SBN #250874 Esquire, Attorney 350 S Grand Avenue Suite 2300 Los Angeles, CA 90071 om Mr. Jeffrey Rich, CA SBN #108589 Deputy Attorney General 1300 I Street, Suite 125 Sacramento, CA 95814 jeffrey .rich@doj.ca.gov, ov Mr. Kennth Jones, CA SBN #140358 Attorney 1888 Century Park, E Suite 1500 Los Angeles, CA 90067 m Kristin Liska, CA SBN #3815994 Deputy Attorney General 455 Golden Gate Avenue San Francisco, CA 94102 kristin. liska@doj.ca.gov Timothy R. Snowball EXHIBIT A Case: 22-