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Brett Hendrickson v. AFSCME Council 18, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 20-2018 · judgment March 26, 2021

Certiorari denied · November 1, 2021
Pre-decision estimate: 9% cert probability (95% interval 5%–15%)

Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a circuit split argued in the petition, and a Tenth Circuit decision below.

Questions presented

  1. Whether a union can trap a public worker into paying dues without the “affirmative consent” required by Janus v. AFSCME, Council 31, 138 S. Ct. 2448 (2018).

  2. Whether a union can moot a claim that it has violated Janus’ affirmative consent requirements simply by establishing opt-out windows too short to reach appellate review.

Counsel of record

For petitioner
Brian Kirk Kelsey
Liberty Justice Center

For respondent
Scott A. Kronland
Altshuler Berzon, LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 01 2021
    Petition DENIED.
  2. Oct 13 2021
    DISTRIBUTED for Conference of 10/29/2021.
  3. Oct 08 2021
    Reply of petitioner Brett Hendrickson filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  4. Sep 24 2021
    Brief of respondent AFSCME Council 18 in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  5. Sep 24 2021
    Response to petition from respondents Michelle Lujan Grisham, et al. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  6. Aug 06 2021
    Motion to extend the time to file a response is granted and the time is extended to and including September 24, 2021, for all respondents.
  7. Aug 05 2021
    Motion to extend the time to file a response from August 26, 2021 to September 24, 2021, submitted to The Clerk.
    Main Document
  8. Jul 27 2021
    Response Requested. (Due August 26, 2021)
  9. Jun 23 2021
    DISTRIBUTED for Conference of 9/27/2021.
  10. Jun 17 2021
    Waiver of right of respondent Michelle Lujan Grisham, Hector Balderas to respond filed.
    Main Document
  11. Jun 14 2021
    Waiver of right of respondent AFSCME Council 18 to respond filed.
    Main Document
  12. May 14 2021
    Petition for a writ of certiorari filed. (Response due June 17, 2021)
    PetitionAppendixCertificate of Word CountProof of Service