Supreme Court Report

Supreme Court of the United States · Official docket →

Patricia Grossman v. Hawaii Government Employees Association, AFSCME Local 152, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-15356 · judgment July 29, 2021


Certiorari denied · December 6, 2021
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

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 by establishing opt-out windows too short to reach appellate review.

Counsel of record

For petitioner
Brian Kirk Kelsey
Liberty Justice Center

For respondent
Kimberly Tsumoto Guidry
Department of the Attorney General, State of HI

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 06 2021
    Petition DENIED.
  2. Nov 16 2021
    DISTRIBUTED for Conference of 12/3/2021.
  3. Nov 11 2021
    Waiver of right of respondent David Lassner, in his official capacity as President of the University of Hawaii to respond filed.
  4. Nov 08 2021
    Waiver of right of respondents Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO to respond filed.
  5. Nov 08 2021
    Waiver of right of respondent Clare E. Connors, in her official Capacity as Attorney General of Hawaii to respond filed.
  6. Oct 21 2021
    Petition for a writ of certiorari filed. (Response due November 24, 2021)