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Jade Thompson v. Marietta Education Association, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 19-4217 · judgment August 25, 2020

Certiorari denied · June 7, 2021
Pre-decision estimate: 8% cert probability (95% interval 5%–13%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions 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, Local 1000, 567 U.S. 298, 310–11 (2012); Harris v. Quinn, 134 S. Ct. 2618, 2639 (2014); Janus v. AFSCME, Council 31, 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 is “itself a significant impingement on associational freedoms that would not be tolerated in other contexts.” 138 S. Ct. at 2478. The court of appeals in this case concluded that compelled association regimes are “in direct conflict with the principles enunciated in Janus,” Pet.App.3, but upheld Ohio’s regime anyway because it considered itself bound to do so by Minnesota State Board for Community Colleges v. Knight, 465 U.S. 271 (1984). The questions presented are:

  1. 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.

  2. Whether Knight should be overruled.

Counsel of record

For petitioner
Andrew Michael Grossman
Baker & Hostetler LLP

For respondent
Nicole Marie Donovsky
Bricker & Eckler LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
10 cert-stage

Proceedings

  1. Jun 07 2021
    Petition DENIED.
  2. May 18 2021
    DISTRIBUTED for Conference of 6/3/2021.
  3. May 14 2021
    Reply of petitioner Jade Thompson filed. (Distributed)
  4. Apr 30 2021
    Brief of respondent Marietta Education Association in opposition filed.
  5. Apr 29 2021
    Brief of respondent Marietta City School District Board of Education in opposition filed.
  6. Mar 09 2021
    Motion to extend the time to file a response is granted and the time is extended to and including April 30, 2021, for all respondents.
  7. Mar 08 2021
    Motion to extend the time to file a response from March 31, 2021 to April 30, 2021, submitted to The Clerk.
  8. Mar 01 2021
    Response Requested. (Due March 31, 2021)
  9. Mar 01 2021
    Brief amicus curiae of Americans for Prosperity Foundation filed.
  10. Mar 01 2021
    Brief amicus curiae of The Fairness Center filed.
  11. Mar 01 2021
    Brief amicus curiae of Freedom Foundation filed.
  12. Feb 27 2021
    Brief amici curiae of Public Policy Research Organizations and Advocacy Groups filed.
  13. Feb 25 2021
    Brief amicus curiae of The Cato Institute filed.
  14. Feb 25 2021
    Brief amicus curiae of Competitive Enterprise Institute filed.
  15. Feb 25 2021
    Brief amicus curiae of National Right to Work Legal Defense Foundation filed.
  16. Feb 23 2021
    Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
  17. Feb 17 2021
    DISTRIBUTED for Conference of 3/5/2021.
  18. Feb 16 2021
    Brief amicus curiae of Goldwater Institute filed.
  19. Feb 15 2021
    Brief amicus curiae of Liberty Justice Center filed. (Distributed)
  20. Feb 09 2021
    Waiver of Marietta Education Association, et al. of right to respond not accepted for filing. (February 09, 2021)
  21. Feb 09 2021
    Waiver of right of respondent Marietta City School District Board of Education to respond filed.
  22. Feb 09 2021
    Waiver of right of respondent Marietta Education Association to respond filed.
  23. Jan 22 2021
    Petition for a writ of certiorari filed. (Response due March 1, 2021)