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Jonathan Reisman v. Associated Faculties of the University of Maine, et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 18-2201 · judgment October 4, 2019

Certiorari denied · October 5, 2020
Pre-decision estimate: 11% cert probability (95% interval 7%–19%)

Before the decision, about 2.8× the 4.1% base rate. The model weighted this up for a First Circuit decision below, counsel with five or more prior petitions here, and a circuit split argued in the petition.

Question presented

Three times in recent years, this Court has recognized that schemes compelling public-sector employees to associate with labor unions impose a “significant impingement” on those employees’ First Amendment rights. Knox v. SEIU, 567 U.S. 298, 310–11 (2012); Harris v. Quinn, 134 S. Ct. 2618, 2639 (2014); Janus v. AFSCME, 138 S. Ct. 2448, 2483 (2018). The most recent of those decisions, Janus, likewise recognized that a state’s appointment of a labor union to speak for its employees as their exclusive representative was “itself a significant impingement on associational freedoms that would not be tolerated in other contexts.” 138 S. Ct. at 2478. The lower courts, however, have refused to subject exclusive representation schemes to any degree of constitutional scrutiny, on the mistaken view that this Court approved such arrangements in Minnesota State Board for Community Colleges v. Knight, 465 U.S. 271 (1984). The question presented is therefore: Whether it violates the First Amendment to designate a labor union to represent and speak for publicsector employees who object to its advocacy on their behalf.

Counsel of record

For petitioner
Andrew Michael Grossman
Baker & Hostetler LLP

For respondent
Susan P. Herman
Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
9 cert-stage

Proceedings

  1. Oct 05 2020
    Motion for leave to file amicus brief filed by Freedom Foundation GRANTED.
  2. Oct 05 2020
    Petition DENIED.
  3. Sep 08 2020
    Supplemental brief of respondent Associated Faculties of the University of Maine filed. (Distributed)
  4. Sep 02 2020
    Supplemental brief of petitioner Jonathan Reisman filed. (Distributed)
  5. Jul 15 2020
    DISTRIBUTED for Conference of 9/29/2020.
  6. Jul 13 2020
    Reply of petitioner Jonathan Reisman filed. (Distributed)
  7. Jun 29 2020
    Brief of respondent Associated Faculties of the University of Maine in opposition filed.
  8. Jun 26 2020
    Brief of respondent State of Maine in opposition filed.
  9. Jun 25 2020
    Brief of respondent University of Maine at Machias, the Board of Trustees of the University of Maine System in opposition filed.
  10. Apr 01 2020
    Letter of respondent Maine received.
  11. Apr 01 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including June 30, 2020, for all respondents.
  12. Mar 30 2020
    Motion to extend the time to file a response from April 30, 2020 to June 30, 2020, submitted to The Clerk.
  13. Mar 09 2020
    Motion to extend the time to file a response is granted and the time is extended to and including April 30, 2020, for all respondents.
  14. Mar 05 2020
    Motion to extend the time to file a response from March 30, 2020 to April 30, 2020, submitted to The Clerk.
  15. Feb 27 2020
    Response Requested. (Due March 30, 2020)
  16. Feb 19 2020
    DISTRIBUTED for Conference of 3/6/2020.
  17. Feb 05 2020
    Brief amicus curiae of The Fairness Center filed.
  18. Feb 05 2020
    Motion for leave to file amicus brief filed by Freedom Foundation.
  19. Feb 05 2020
    Brief amicus curiae of Liberty Justice Center filed.
  20. Feb 05 2020
    Brief amicus curiae of Goldwater Institute filed.
  21. Feb 05 2020
    Brief amicus curiae of National Association of Scholars filed.
  22. Feb 05 2020
    Brief amici curiae of Public Policy Research Organizations and Advocacy Groups filed.
  23. Feb 05 2020
    Brief amicus curiae of The Cato Institute filed.
  24. Feb 04 2020
    Brief amicus curiae of National Right to Work Legal Defense Foundation filed.
  25. Feb 04 2020
    Brief amicus curiae of Competitive Enterprise Institute filed.
  26. Jan 31 2020
    Waiver of right of respondents University of Maine at Machias, the Board of Trustees of the University of Maine System to respond filed.
  27. Jan 31 2020
    Waiver of right of respondent State of Maine to respond filed.
  28. Jan 30 2020
    Waiver of right of respondent Associated Faculties of the University of Maine to respond filed.
  29. Jan 24 2020
    Brief amicus curiae of Pacific Legal Foundation filed.
  30. Jan 02 2020
    Petition for a writ of certiorari filed. (Response due February 5, 2020)