Whether a public sector union can impose conditions on an employee's resignation from union membership that restrict their First Amendment rights to free speech and free association

No question identified. : Pursuant to Supreme Court Rule 13.5, the abovecaptioned hereby move for an extension of time of 60 days, up to and including September 7, 2025, 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 April 10, 2025 (Exhibit 1). Unless an extension is granted, the deadline for filing a petition for certiorari will be July 9, 2025. Applicants are filing this application more than 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 whether there is a protected right for public employees who dissent from the union’s positions to end their union membership. The union, the Association of Oregon Corrections Employees (“AOCE”), refused to allow Petitioners to end membership unless they complied with conditions not found in their original membership agreements, including requiring that the Petitioners complete a resignation form agreeing that they would not be represented as non-members. AOCE also threatened a $500 fee to rejoin the union in the future. AOCE’s conduct chills Petitioners’ First Amendment rights to free speech and free association. In addition, Petitioner Cox challenges the continued deduction of union dues from her wages without her consent as a violation of her First Amendment and Due Process rights. 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 political speech without their affirmative consent. See Janus v. American Federation of State County Municipal Employees, Council 31, 585 U.S. 878, 929 (2018). This case presents the issue of whether the State and Union violate Appellant Cox’ First and Fourteenth Amendment Rights by compelling her to remain a dues paying member despite the lack of any agreement limiting her right to resign. Janus, 585 USS. at 891-892. 4. Recent changes in the staffing at Petitioners’ Counsel’s office mean that workloads have been redistributed. 5. Due to these changes, Petitioner’s Counsel of Record, Rebekah Schultheiss, has been forced to seek an extension to file an opening brief in a case pending at the Ninth Circuit Court of Appeals, Trees v. SEIU 508 et al., No. 25-1155 (Or. Ct. App), the new deadline is July 16, 2025, which interferes with her ability to file this petition by its current due date of July 9, 2025. 6. Applicants request a 60-day extension to allow for the preparation of a petition that fully addresses the important and far-reaching issues raised by the decision below. 7. WHEREFORE, for the foregoing reasons, Applicants request that an extension of time up to and including September 7, 2025, be granted within which Applicants may file a Petition for a Writ of Certiorari. Respectfully submitted, Dated: June 12, 2025 eAnnnans hk Rebekah Schulthéiss (Millard) James Abernathy Freedom Foundation P.O. Box 552 Olympia, Washington 98507 Tel: (860) 956-3482 Counsel for No. In the Supreme Court of the Anited States TRACY COX, et al; Vv. ASSOCIATION OF OREGON CORRECTIONS EMPLOYEES, INC., et al, Respondents. Certificate of Service I declare under penalty of perjury under the laws of the Supreme Court of the United States that on June 12, 2025, I, Rebekah Schultheiss, a member of the Supreme Court Bar, 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 email to the following: Becky Gallagher Fenrich & Gallagher, P.C. 405 Lincoln Street, Suite 102 Eugene, OR 97401 Counsel for Respondent, AOCE Christopher A. Perdue Assistant Attorney General 1162 Court St. NE Salem, Oregon 97301-4096 Counsel for Respondent, Oregon