Whether the First Amendment requires affirmative consent for union dues deductions from public employees' paychecks under the Janus precedent, particularly for former union members who previously consented but have since withdrawn their consent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 Robert Espinoza’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 30 days to file his Petition in this Court. Granting this application would extend the deadline for the filing of the Petition to April 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 Ct. 2448, 2486 (2018), applies to former union members who previously consented to deductions, but have since withdrawn their consent, or whether it only applied to agency fee payers under regimes which no longer exist.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 30 days, up to and including April 10, 2024. DATED: February 21, 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 21, 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. Scott Kronland, Mr. Anthony O’Brien, CA SBN #171693 CA SBN #232650 Attorney Esquire, Deputy Attorney 177 Post Street, General Suite 300 1300 I Street San Francisco, Sacramento, CA 95814 CA 94108 Ms. Anne Yen, Ms. Kristin Liska, CA SBN #187291 CA SBN #315994 Attorney Deputy Attorney 1375 5dth Street General Emeryville, CA 94608 455 Golden Gate Avenue ; San Francisco, CA 94102 kristin. liska@doj.ca.gov l.net Timothy R. Snowball EXHIBIT A Case: 22-55331, 10/23/2023, ID: 12813611, DktEntry: 57-1, Page 1 of 5 NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 23 2023 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT U-S. COURT OF APPEALS ROBERT ESPINOZA, No. 22-55331 D.C. No. v. UNION OF AMERICAN PHYSICIANS MEMORANDUM AND DENTIS