Supreme Court of the United States · Official docket →
Melissa Belgau, et al. v. Jay Inslee, Governor of Washington, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-35137 · judgment September 16, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
In Janus v. Am. Fed’n of State, Cnty., & Mun. Emps., Council 31, this Court held that states and unions cannot take money from public employees’ wages unless the employees first waive their First Amendment right not to subsidize union speech. See 138 S. Ct. 2448, 2486 (2018). The Ninth Circuit failed to apply this standard below and, instead, held that (i) evidence of union membership alone, rather than proof of a knowing waiver, shows affirmative consent to a state’s deduction of union dues or fees from its employees’ wages, and (ii) unions do not act under “color of law” for the purposes of 42 U.S.C. § 1983 when they collectively bargain with states to authorize and enforce restrictions on employees’ right not to subsidize union speech, and then work with states to deduct money from employees’ wages. In so doing, the court sanctioned Washington’s practice of preventing its employees from exercising their right under Janus not to subsidize union speech without proof they knowingly waived that right. The questions presented are:
-
Whether it violates the First Amendment for a state and union to seize union dues or fees from employees’ wages without proof the employees waived their First Amendment right not to subsidize a union and its speech.
-
Whether a union engages in conduct under color of law for the purposes of 42 U.S.C. § 1983 when it collectively bargains with a state to authorize and enforce restrictions on public employees’ First Amendment right not to subsidize union speech, and then works with a state to deduct union dues or fees from employees’ wages. (i)
Counsel of record
For petitioner
James Gideon Abernathy
Freedom Foundation
For respondent
Scott A. Kronland
Altshuler Berzon, LLP
Case
Conference history
Distributed for 2 conferences
Amicus briefs
6 cert-stage
Proceedings
- Jun 21 2021Petition DENIED.
- Jun 01 2021DISTRIBUTED for Conference of 6/17/2021.
- May 28 2021Reply of petitioners Melissa Belgau, et al. filed. (Distributed)
- May 12 2021Brief of State Respondents in opposition filed.
- May 12 2021Brief of respondent Washington Federation of State Employees, AFSCME Council 28 in opposition filed.
- Apr 13 2021Letter of respondents pertaining to Rule 35.3 received.
- Apr 01 2021Motion to extend the time to file a response is granted and the time is extended to and including May 12, 2021, for all repondents.
- Mar 31 2021Motion to extend the time to file a response from April 28, 2021 to May 12, 2021, submitted to The Clerk.
- Mar 29 2021Response Requested. (Due April 28, 2021)
- Mar 24 2021DISTRIBUTED for Conference of 4/16/2021.
- Mar 18 2021Brief amici curiae of Washington State Legislators filed.
- Mar 18 2021Brief amicus curiae of Mackinac Center for Public Policy filed.
- Mar 18 2021Brief amici curiae of Goldwater Institute; National Taxpayers Union filed.
- Mar 18 2021Brief amici curiae of States of Alaska, Alabama, Arizona, Arkansas, Idaho, Indiana, Louisiana, Montana, South Carolina, South Dakota, Texas, Utah, and West Virginia filed.
- Mar 17 2021Brief amicus curiae of Landmark Legal Foundation filed.
- Mar 17 2021Brief amici curiae of Cara O'Callaghan, et al. filed.
- Mar 16 2021Waiver of right of respondents Jay Inslee, et al. (does not include WFSE) to respond filed.
- Mar 15 2021Waiver of right of respondents Washington Federation of State Employees, AFSCME Council 28 to respond filed.
- Feb 11 2021Petition for a writ of certiorari filed. (Response due March 18, 2021)