No. 24-2

Camille Bourque v. Engineers and Architects Association, et al.

Lower Court: Ninth Circuit
Docketed: 2024-07-03
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: 42-usc-1983 civil-rights constitutional-rights first-amendment free-speech government-employer janus-v-afscme labor-unions public-sector section-1983 union-dues wage-deduction
Key Terms:
AdministrativeLaw SocialSecurity FirstAmendment DueProcess LaborRelations Privacy JusticiabilityDoctri ClassAction
Latest Conference: 2024-11-22 (distributed 2 times)
Question Presented (AI Summary)

Is the First Amendment violated when a union causes a government employer to seize full union dues from the wages of a nonconsenting employee?

Question Presented (OCR Extract)

QUESTIONS PRESENTED This petition concerns conduct substantively identical to the conduct this Court considered in Janus v. Am. Fed’n of State, Cnty., & Mun. Employees, Council 31, 585 U.S. 878, 920-30 (2018). Petitioner Camille Bourque was a nonmember who did not affirmatively consent to union deductions from her wages. Nevertheless, a union, through a government employer, forced her to pay not only agency fees, but full union dues. However, instead of applying the Janus case and finding that Bourque’s speech was unconstitutionally compelled, the Ninth Circuit declined to apply any constitutional scrutiny to the union or employer’s actions. The court reasoned that the statutory system operating here, in which a union instructs a public employer to take deductions from an employee’s wages and give it to the union, does not give rise to a claim pursuant to 42 U.S.C. § 1983. The questions presented are: 1. Is the First Amendment violated when a union causes a government employer to seize full union dues from the wages of a nonconsenting employee? 2. May a union avoid Section 1983 liability when taking full union dues from nonconsenting public employees by claiming the union “misused” its statutory authority? (i)

Docket Entries

2024-11-25
Petition DENIED.
2024-11-20
2024-11-06
DISTRIBUTED for Conference of 11/22/2024.
2024-10-21
Brief of respondent Rob Bonta, Attorney General of California in opposition filed.
2024-10-21
Brief of respondents Engineers and Architects Association, et al. in opposition filed.
2024-10-21
Brief of respondent City of Los Angeles, California, in opposition filed.
2024-09-05
Motion to extend the time to file a response is granted and the time is extended to and including October 21, 2024, for all respondents.
2024-09-04
Reply in support of the motion to extend the time to file a response filed.
2024-08-29
Response to motion to extend the time to file a response from petitioner filed.
2024-08-27
Motion to extend the time to file a response from September 19, 2024 to October 21, 2024, submitted to The Clerk.
2024-08-20
Response Requested. (Due September 19, 2024)
2024-08-14
DISTRIBUTED for Conference of 9/30/2024.
2024-08-02
Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
2024-08-02
Amicus brief of National Right to Work Legal Defense Foundation, Inc. submitted.
2024-07-16
Waiver of right of respondent City of Los Angeles to respond filed.
2024-07-16
Waiver of right of respondent Engineer and Architects Association to respond filed.
2024-07-16
Waiver of right of respondent California Attorney General Rob Bonta to respond filed.
2024-07-16
Waiver of California Attorney General Rob Bonta of right to respond submitted.
2024-07-01
Petition for a writ of certiorari filed. (Response due August 2, 2024)

Attorneys

California Attorney General Rob Bonta
Aaron Daniel PennekampCalifornia Department of Justice, Respondent
Aaron Daniel PennekampCalifornia Department of Justice, Respondent
Anya BinsaccaCalifornia Department of Justice, Respondent
Anya BinsaccaCalifornia Department of Justice, Respondent
Camille Bourque
Timothy Ray SnowballFreedom Foundation, Petitioner
Timothy Ray SnowballFreedom Foundation, Petitioner
City of Los Angeles
Erika Lynn Johnson-BrooksOffice of the Los Angeles City Attorney, Respondent
Erika Lynn Johnson-BrooksOffice of the Los Angeles City Attorney, Respondent
CIty of Los Angeles
Erika Lynn Johnson-BrooksOffice of the Los Angeles City Attorney, Respondent
Engineer and Architects Association
Adam KornetskyBush Gottlieb, ALC, Respondent
Engineers and Architects Association
Lisa Charlotte DemidovichBush Gottlieb, ALC, Respondent
Lisa Charlotte DemidovichBush Gottlieb, ALC, Respondent
Adam Isaac KornetskyBush Gottlieb, ALC, Respondent
Adam Isaac KornetskyBush Gottlieb, ALC, Respondent
National Right to Work Legal Defense Foundation, Inc.
William L. Messenger — Amicus
William L. Messenger — Amicus