Friedrichs v. California Teachers Association | |
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Argued January 11, 2016 Decided March 29, 2016 | |
Full case name | Rebecca Friedrichs, et al., Petitioners v. California Teachers Association, et al. |
Docket no. | 14-915 |
Citations | 578 U.S. ___ ( more ) 136 S. Ct. 1083; 194 L. Ed. 2d 255 |
Argument | Oral argument |
Opinion announcement | Opinion announcement |
Case history | |
Subsequent | Rehearing denied |
Holding | |
The judgment was affirmed by an equally-divided court. | |
Court membership | |
| |
Case opinion | |
Per curiam |
Friedrichs v. California Teachers Association, 578 U.S. ___ (2016), is a United States labor law case that came before the Supreme Court of the United States. At issue in the case was whether Abood v. Detroit Board of Education [1] (1977) should be overruled, with public-sector "agency shop" arrangements invalidated under the First Amendment, and whether it violates the First Amendment to require that public employees affirmatively object to subsidizing nonchargeable speech by public-sector unions, rather than requiring employees to consent affirmatively to subsidizing such speech. Specifically, the case concerned public sector collective bargaining by the California Teachers Association, an affiliate of the National Education Association. [2]
Justice Antonin Scalia died shortly after the case was argued in front of the Supreme Court, leaving only eight members to decide the case. In the end, the result was a non-precedential per curiam opinion affirming the lower-court decision by an equally-divided Supreme Court. [3] [4] On June 28, 2016, the rehearing petition submitted by the Center for Individual Rights (CIR) was denied, letting the Ninth Circuit's decision stand as its final judgment. [5]
In 2017, after regaining a ninth Justice, the Supreme Court agreed to hear a substantially similar case, Janus v. AFSCME . [6]
In the 1977 case Abood v. Detroit Board of Education , the Supreme Court upheld the maintaining of a union shop in a public workplace. Public school teachers in Detroit had sought to overturn the requirement that they pay fees equivalent to union dues on the grounds that they opposed public sector collective bargaining and objected to the ideological activities of the union. The court affirmed that the union shop, which is legal in the private sector, is also legal in the public sector. They found that non-members may be assessed dues for "collective bargaining, contract administration, and grievance adjustment purposes", but that objectors to union membership or policy may not have their dues used for other ideological or political purposes. [1]
The Center for Individual Rights (CIR), a conservative law firm which brought the Friedrichs case with funding from the Bradley Foundation, initiated contact with the plaintiffs, ten public school teachers who had paid agency fees. [7] The lead plaintiff, Orange County elementary teacher Rebecca Friedrichs, had previously served on her local union's executive committee. [8]
Many legal commentators speculated that the death of Justice Antonin Scalia would make the Court either divide evenly on the case, letting the Ninth Circuit's ruling stand against the plaintiffs but not setting a precedent, or call for reargument once Scalia's vacancy has been filled. [9] [10]
On March 29, 2016, the Supreme Court issued a one-line per curiam opinion affirming the Ninth Circuit; as a decision made by an equally-divided court, the case is not considered to set a legal precedent. [3] [11] The Center for Individual Rights (CIR) said it plans to ask the Supreme Court to reevaluate the case once a ninth justice has been appointed to replace Scalia. [12] CIR's rehearing petition was ultimately denied on June 28, 2016. [5]
However, in 2017, after regaining a ninth Justice, the Supreme Court agreed to hear a substantially similar case, Janus v. AFSCME . [6]
In July 2020, Friedrichs was a guest on Laura Ingraham's Fox News program. Friedrichs, after saying how warmed she was by Ingraham's support of her anti-union verve, claimed that the pushback by unions over reopening classrooms is a "smokescreen" for "using our schools to sexualize our children and to train them in anti-American ideology." [13] She also claimed that teachers' unions "are teaching our children to sext, to view pornography, [unions] are hooking them up with online sex experts. So what they are doing is grooming our children for sexual predators to use them." [14]
Rebecca Friedrichs, the plaintiff, was a speaker at the 2020 Republican National Convention.
Lemon v. Kurtzman, 403 U.S. 602 (1971), was a case argued before the Supreme Court of the United States. The court ruled in an 8–0 decision that Pennsylvania's Nonpublic Elementary and Secondary Education Act from 1968 was unconstitutional and in an 8–1 decision that Rhode Island's 1969 Salary Supplement Act was unconstitutional, violating the Establishment Clause of the First Amendment. The act allowed the Superintendent of Public Schools to reimburse private schools for the salaries of teachers who taught in these private elementary schools from public textbooks and with public instructional materials.
Elk Grove Unified School District v. Newdow, 542 U.S. 1 (2004), was a case decided by the U.S. Supreme Court. The lawsuit, originally filed as Newdow v. United States Congress, Elk Grove Unified School District, et al. in 2000, led to a 2002 ruling by the United States Court of Appeals for the Ninth Circuit that the words "under God" in the Pledge of Allegiance are an endorsement of religion and therefore violate the Establishment Clause of the First Amendment to the United States Constitution. The words had been added by a 1954 act of Congress that changed the phrase "one nation indivisible" into "one nation under God, indivisible". After an initial decision striking the congressionally added "under God", the superseding opinion on denial of rehearing en banc was more limited, holding that compelled recitation of the language by school teachers to students was invalid.
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Lehnert v. Ferris Faculty Association, 500 U.S. 507 (1991), deals with First Amendment rights and unions in public employment.
The National Right to Work Legal Defense Foundation, established in 1968, is a nonprofit organization that seeks to advance right-to-work laws in the United States.
Davenport v. Washington Education Association, 551 U.S. 177 (2007), is a ruling by the Supreme Court of the United States in which the Court held that it does not violate the First Amendment for a state to require its public-sector unions to receive affirmative authorization from a non-member before spending that nonmember's agency fees for election-related purposes.
Locke v. Karass, 555 U.S. 207 (2009), is a court case in which the Supreme Court of the United States held that the Constitution permits the local chapter of a labor union to charge a "service fee" to non-members to cover non-local litigation expenses if (a) the expenses are "appropriately related to collective bargaining" and (b) there is a reciprocal relationship between the local chapter and the national union. The case expanded on and clarified the earlier Lehnert v. Ferris Faculty Association, which permitted such service fees for non-political activities but did not reach a consensus on whether "national" expenses were chargeable.
Communications Workers of America v. Beck, 487 U.S. 735 (1988), is a decision by the United States Supreme Court which held that, in a union security agreement, unions are authorized by statute to collect from non-members only those fees and dues necessary to perform its duties as a collective bargaining representative. The rights identified by the Court in Communications Workers of America v. Beck have since come to be known as "Beck rights," and defining what Beck rights are and how a union must fulfill its duties regarding them is an active area of modern United States labor law.
Josephine Laura Staton is a United States district judge of the United States District Court for the Central District of California.
Ontario v. Quon, 560 U.S. 746 (2010), is a United States Supreme Court case concerning the extent to which the right to privacy applies to electronic communications in a government workplace. It was an appeal by the city of Ontario, California, from a Ninth Circuit decision holding that it had violated the Fourth Amendment rights of two of its police officers when it disciplined them following an audit of pager text messages that discovered many of those messages were personal in nature, some sexually explicit. The Court unanimously held that the audit was work-related and thus did not violate the Fourth Amendment's protections against unreasonable search and seizure.
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Abood v. Detroit Board of Education, 431 U.S. 209 (1977), was a US labor law case where the United States Supreme Court upheld the maintaining of a union shop in a public workplace. Public school teachers in Detroit had sought to overturn the requirement that they pay fees equivalent to union dues on the grounds that they opposed public sector collective bargaining and objected to the political activities of the union. In a unanimous decision, the Court affirmed that the union shop, legal in the private sector, is also legal in the public sector. They found that non-members may be assessed agency fees to recover the costs of "collective bargaining, contract administration, and grievance adjustment purposes" while insisting that objectors to union membership or policy may not have their dues used for other ideological or political purposes.
Harris v. Quinn, 573 U.S. 616 (2014), is a US labor law case of the United States Supreme Court regarding provisions of Illinois state law that allowed a union security agreement. Since the Taft-Hartley Act of 1947 prohibited the closed shop, states could still choose whether to allow unions to collect fees from non-union members since the collective agreements with the employer would still benefit non-union members. The Court decided 5–4 that Illinois's Public Labor Relations Act, which permitted the union security agreements, violated the First Amendment. A similar case was decided by the Court in 2018, Janus v AFSCME, overturning the Court's unanimous decision in Abood v. Detroit Board of Education (1977) which the appeals court had upheld in Harris.
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Heffernan v. City of Paterson, 578 U.S. ___ (2016), was a United States Supreme Court case in 2016 concerning the First Amendment rights of public employees. By a 6–2 margin, the Court held that a public employee's constitutional rights might be violated when an employer, believing that the employee was engaging in what would be protected speech, disciplines them because of that belief, even if the employee did not exercise such a constitutional right.
Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466, 585 U.S. ___ (2018), abbreviated Janus v. AFSCME, is a landmark decision of the US Supreme Court on US labor law, concerning the power of labor unions to collect fees from non-union members. Under the Taft–Hartley Act of 1947, which applies to the private sector, union security agreements can be allowed by state law. The Supreme Court ruled that such union fees in the public sector violate the First Amendment right to free speech, overruling the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees.