Whether the First Amendment requires specific procedural safeguards to protect non-union public employees from compelled political speech when government deducts union political assessments from their wages

No question identified. : Pursuant to Supreme Court Rule 13.5, the abovecaptioned hereby move for an extension of time of 30 days, up to and including April 10, 2024, for the filing of a petition for a writ of certiorari. In support of this request, Applicants state 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.This case concerns the constitutionality of the State of Oregon deducting a political assessment fee from objecting non-union employees’ wages on behalf of Service Employees International Union, Local 503 (“SEIU”). The employees objected to the continued deduction of their wages for SEIU’s political assessment after they resigned membership and withdrew authorization for their employer to deduct the assessments, but to no avail. Employees brought this action against the state and SEIU to protect their right against compelled political speech with regard to the political assessment. 3.The Ninth Circuit’s decision directly conflicts with Supreme Court precedent establishing that the First Amendment protects public employees from being compelled to pay for union speech. See Janus v. AFSCME, Council 31, 138 8. Ct. 2448, 2486 (2018). This case presents the issue of whether the First Amendment requires procedures for governmentdeducted political assessments from non-union public employees’ wages must be carefully tailored with safeguards to protect those employees’ First Amendment rights; specifically, whether non-union employees have the right to an informed choice on whether to fund a union’s political speech. See Knox v. Serv. Employees Intl Union, Local 1000, 567 U.S. 298, 315-16 (2012); see also Chicago Tchrs. Union, Loc. No. 1, AFT, AFL-CIO v. Hudson, 475 U.S. 292, 301-02, 308, 308 (1986). Whether such employees have an informed choice before government employers deduct money from their wages to subsidize union political speech is a matter of exceptional importance because it is a basic prerequisite to the voluntary affirmative consent required of non-union employees before government deducts union fees from their wages. See Janus, 138 §.Ct. at 2486. 4. Petitioner’s Counsel of Record, Rebekah Schultheiss, has been on maternity leave since December 20, 2023. Ms. Schultheiss also has substantial briefing obligations when she returns from maternity leave, including a reply brief in Williams v. Amalgated Transit Union, Division 757, et al., No. A177950 (Or. Ct. App) (due March 25, 2024); and a cross motion for summary judgment and answering brief in Bright v. State of Oregon, et al., No. 23-00320 (D. Or.) (due April 5, 2024). 5. Applicants therefore request a 30 day extension to allow for the preparation of a petition that fully addresses the important and far-reaching issues raised by the decision below. 6. WHEREFORE, for the foregoing reasons, Applicants request that an extension of time up to and including April 10, 2024, be granted within which Applicants may file a Petition for a Writ of Certiorari. Dated: February 21, 2024 Respectfully submitted, chk Ce RebekalsSchultheiss (Millard) James Abernathy Freedom Foundation P.O. Box 552 Olympia, Washington 98507 Tel: (360) 956-3482 Counsel for No. In the Supreme Court of the Anited States RYAN CRAM; ERICA DRAKE; LAURA BAILEY; RICHARD CAMPBELL; KATHERINE MANGLONA; DEANNE MURFIN; CORI STEPHENS; AND KATHLEEN TRYON, as individuals and representatives of the respective requested class; Vv. SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 503, OREGON PUBLIC EMPLOYEES UNION, a labor organization; and KATY COB