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Theresa Riffey, et al. v. Bruce Rauner, Governor of Illinois, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 16-3487 · judgment October 11, 2017

GVR'd · June 28, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In 2014, the Court held it unconstitutional under the First Amendment for the State of Illinois to seize union agency fees from nonmember personal assistants. Harris v. Quinn, 134 S. Ct. 2618 (2014). On remand, the lower courts decided that these individuals could not recover the fees seized from them in a class action because individual objections to subsidizing the union are required to show a First Amendment injury. The question presented is whether the government inflicts a First Amendment injury when it compels individuals to subsidize speech without their prior consent, or is an objection required? (i)

Counsel of record

For petitioner
William L. Messenger

For respondent
Scott A. Kronland
Altshuler Berzon, LLP

Case

Conference history
Distributed for 4 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Jul 30 2018
    JUDGMENT ISSUED.
  2. Jun 28 2018
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Janus v. State, County, and Municipal Employees, 585 U. S. ____ (2018).
  3. Jun 27 2018
    DISTRIBUTED for Conference of 6/27/2018.
  4. Jun 11 2018
    DISTRIBUTED for Conference of 6/14/2018.
  5. Jun 06 2018
    Rescheduled.
  6. May 22 2018
    DISTRIBUTED for Conference of 6/7/2018.
  7. May 21 2018
    Reply of petitioners Theresa Riffey, et al. filed.
  8. May 03 2018
    Brief of respondents Service Employees International Union Healthcare Illinois, Indiana, Missouri, Kansas in opposition filed.
  9. Apr 11 2018
    Brief of respondent Governor Bruce Rauner in opposition filed.
  10. Mar 12 2018
    Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2018, for all respondents.
  11. Mar 08 2018
    Motion to extend the time to file a response from March 19, 2018 to May 3, 2018, submitted to The Clerk.
  12. Feb 15 2018
    Response Requested. (Due March 19, 2018)
  13. Feb 14 2018
    DISTRIBUTED for Conference of 3/2/2018.
  14. Feb 09 2018
    Brief amicus curiae of Freedom Foundation filed.
  15. Feb 08 2018
    Waiver of right of respondent Service Employees International Union Healthcare Illinois, Indiana, Missouri, Kansas to respond filed.
  16. Jan 25 2018
    Waiver of right of respondent Governor Bruce Rauner to respond filed.
  17. Jan 08 2017
    Petition for a writ of certiorari filed. (Response due February 9, 2018)