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The Ohio Adjutant General's Department, et al. v. Federal Labor Relations Authority, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-3908 · judgment December 21, 2021
Before the decision, about 5.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a state or local-government petitioner, and a circuit split argued in the petition.
Questions presented
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Does the Civil Service Reform Act of 1978, which empowers the Federal Labor Relations Authority to regulate the labor practices of federal agencies only, see 5 U.S.C. §7105(g), empower it to regulate the labor practices of state militias?
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The second Militia Clause empowers Congress to "provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States." U.S. Const. art. I, §8, cl. 16. Assuming the Civil Service Reform Act of 1978 permits the Federal Labor Relations Authority to regulate the labor practices of state militias, is the Act unconstitutional in its application to labor practices pertaining to militia members who are not employed in the service of the United States? LIMITED TO QUESTION 1 PRESENTED BY THE PETITION.
Counsel of record
For petitioner
Benjamin Michael Flowers
Ohio Attorney General Dave Yost
For respondent
Andres Myles Grajales
AFGE, Office of the General Counsel
Case
Conference history
Distributed for 1 conference
Amicus briefs
1 cert-stage · 6 merits
(4 supporting pet./neither, 2 respondent)
Argument & decision
Argued January 9, 2023 — Benjamin M. Flowers · Nicole F. Reaves · Andres M. Grajales. Audio and transcript
Decided May 18, 2023.
Proceedings
- Jun 20 2023Judgment issued.
- May 18 2023Adjudged to be AFFIRMED. Thomas, J. delivered the opinion of the Court, in which Roberts, C. J, and Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined.
- Jan 09 2023Argued. For petitioners: Benjamin M. Flowers, Solicitor General, Columbus, Ohio. For federal respondent: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For union respondent: Andres M. Grajales, Washington, D. C.
- Dec 23 2022Motion for divided argument filed by American Federation of Government Employees, Local 3970 GRANTED.
- Dec 22 2022Reply of petitioners The Ohio Adjutant General's Department, et al. filed. (Distributed)
- Dec 20 2022Record received from the U.S.C.A. 6th Circuit. The record has been transmitted electronically.
- Dec 16 2022Brief amici curiae of Military Law Scholars filed. (Distributed)
- Dec 16 2022Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations, et al. filed. (Distributed)
- Dec 09 2022Brief of respondent American Federation of Government Employees, Local 3970 filed. (Distributed)
- Dec 09 2022Brief of respondent Federal Labor Relations Authority filed. (Distributed)
- Dec 07 2022CIRCULATION
- Nov 29 2022Motion for divided argument filed by American Federation of Government Employees, Local 3970.
- Nov 16 2022Record requested from the U.S.C.A. 6th Circuit.
- Nov 16 2022Brief amici curiae of Mississippi, et al. filed.
- Nov 16 2022Brief amicus curiae of Americans for Fair Treatment filed.
- Nov 16 2022Brief amicus curiae of South Carolina filed.
- Nov 15 2022Brief amicus curiae of America First Policy Institute filed.
- Nov 14 2022Blanket Consent filed by American Federation of Government Employees, Local 3970
- Nov 10 2022SET FOR ARGUMENT on Monday, January 9, 2023.
- Nov 09 2022Brief of petitioners The Ohio Adjutant General's Department, et al. filed.
- Nov 09 2022Joint appendix filed. (Statement of costs filed)
- Nov 08 2022Blanket Consent filed by Respondent, Federal Labor Relations Authority
- Oct 03 2022Petition GRANTED limited to Question 1 presented by the petition.
- Aug 03 2022DISTRIBUTED for Conference of 9/28/2022.
- Jul 25 2022Reply of petitioners The Ohio Adjutant General's Department, et al. filed.
- Jul 18 2022Brief of respondent Federal Labor Relations Authority in opposition filed.
- Jul 15 2022Brief of Milledge, Matthew Whitmore American Federation of Government Employees, Local 3970, AFL-CIO in opposition filed.
- Jun 16 2022Brief amici curiae of Mississippi, et al. filed.
- Jun 09 2022Motion to extend the time to file a response is granted and the time is extended to and including July 18, 2022, for all respondents.
- Jun 08 2022Motion to extend the time to file a response from June 16, 2022 to July 18, 2022, submitted to The Clerk.
- May 13 2022Petition for a writ of certiorari filed. (Response due June 16, 2022)