No. 24-1305

Marcus Todd v. American Federation of State, County and Municipal Employees, Council 5

Lower Court: Eighth Circuit
Docketed: 2025-06-24
Status: Denied
Type: Paid
Amici (2)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: consent-diversion employee-rights first-amendment janus-standard public-sector-union state-action
Key Terms:
FirstAmendment Privacy
Latest Conference: 2025-12-05 (distributed 2 times)
Question Presented (AI Summary)

When a public-sector union gets the government to divert an employee's pay by stating that he consented to join the union, is it a state actor such that the 'clear and compelling evidence' First Amendment standard of Janus applies?

Question Presented (OCR Extract)

is: When a public -sector union gets the government to divert an employee’s pay by stating that he consented to join the union, is it a state actor such that the “clear and compelling evidence” First Amendment standard of Janus applies?

Docket Entries

2025-12-08
Petition DENIED.
2025-11-12
DISTRIBUTED for Conference of 12/5/2025.
2025-09-16
Reply of Marcus Todd submitted.
Main DocumentCertificate of Word CountProof of Service
2025-09-16
Reply of petitioner Marcus Todd filed.
Main DocumentProof of ServiceCertificate of Word Count
2025-09-02
Brief of respondent American Federation of State, County and Municipal Employees, Council 5 in opposition filed.
Main DocumentProof of ServiceCertificate of Word Count
2025-07-31
Response Requested. (Due September 2, 2025)
2025-07-24
Brief amici curiae of National Right to Work Legal Defense Foundation, Inc., et al. filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word CountMain DocumentProof of ServiceCertificate of Word Count
2025-07-21
Amicus brief of Liberty Justice Center submitted.
Main Document
2025-07-21
Brief amicus curiae of Liberty Justice Center filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word CountMain DocumentProof of ServiceCertificate of Word Count
2025-07-02
DISTRIBUTED for Conference of 9/29/2025.
2025-06-26
Waiver of right of respondent American Federation of State, County and Municipal Employees, Council 5 to respond filed.
Main DocumentMain Document
2025-06-20
Petition for a writ of certiorari filed. (Response due July 24, 2025)
PetitionAppendixCertificate of Word CountProof of ServicePetitionAppendixCertificate of Word CountProof of Service
2025-05-16
Application (24A1098) granted by Justice Kavanaugh extending the time to file until June 20, 2025.
2025-05-09
Application (24A1098) to extend the time to file a petition for a writ of certiorari from May 21, 2025 to June 20, 2025, submitted to Justice Kavanaugh.
Main DocumentLower Court Orders/OpinionsProof of ServiceMain DocumentLower Court Orders/OpinionsProof of Service

Attorneys

American Federation of State, County and Municipal Employees, Council 5
Jacob Raffel Karabell — Bredhoff & Kaiser, P.L.L.C., Respondent
Jacob Raffel Karabell — Bredhoff & Kaiser, P.L.L.C., Respondent
Liberty Justice Center
Ryan Ashley Morrison — Liberty Justice Center, Amicus
Ryan Ashley Morrison — Liberty Justice Center, Amicus
Marcus Todd
Nicholas J. Nelson — Upper Midwest Law Center, Petitioner
Nicholas J. Nelson — Upper Midwest Law Center, Petitioner
National Right to Work Legal Defense Foundation, Inc.
William L. Messenger — Amicus
William L. Messenger — Amicus