Supreme Court of the United States · Official docket →
Jonathan Savas, et al. v. California Statewide Law Enforcement Association, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-56045 · judgment April 28, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The Court in Janus v. AFSCME, Council 31 held it violates the First Amendment for a state and union to compel employees to subsidize union speech. 138 S. Ct. 2448, 2486 (2018). Notwithstanding Janus, the State of California continues to compel objecting employees to subsidize union speech pursuant to “maintenance of membership” agreements that require all employees who are union members to remain union members, and to pay full union dues, for the duration of the collective bargaining agreement. Also notwithstanding Janus, the United States Court of Appeals for the Ninth Circuit held a “maintenance of membership requirement does not implicate the First Amendment.” Pet.App. 5. The questions presented are:
-
Does it violate the First Amendment for a state and union to compel objecting employees to remain union members and to subsidize the union and its speech?
-
To constitutionally compel objecting employees to remain union members and to subsidize the union and its speech, do states and unions need clear and compelling evidence the objecting employees waived their First Amendment rights? (i)
Counsel of record
For petitioner
William L. Messenger
For respondent
Cassandra Marie Ferrannini
Downey Brand LLP
Case
Conference history
Distributed for 4 conferences
Amicus briefs
5 cert-stage
Proceedings
- May 01 2023Petition DENIED.
- Apr 24 2023DISTRIBUTED for Conference of 4/28/2023.
- Apr 20 2023Rescheduled.
- Apr 05 2023DISTRIBUTED for Conference of 4/21/2023.
- Feb 15 2023Rescheduled.
- Jan 18 2023DISTRIBUTED for Conference of 2/17/2023.
- Jan 18 2023Reply of petitioners Jonathan Savas, et al. filed. (Distributed)
- Jan 03 2023Brief of respondent California Statewide Law Enforcement Association in opposition filed.
- Jan 03 2023Brief of respondents State Respondents in opposition filed.
- Dec 02 2022Brief amicus curiae of Protect the First Foundation filed.
- Dec 02 2022Brief amicus curiae of The Fairness Center filed.
- Nov 16 2022Motion to extend the time to file a response is granted and the time is extended to and including January 3, 2023, for all respondents.
- Nov 15 2022Motion to extend the time to file a response is granted and the time is extended to and including January 3, 2023.
- Nov 15 2022Motion of respondent CSLEA to extend the time to file a response from December 2, 2022 to January 3, 2023, submitted to The Clerk.
- Nov 14 2022Motion to extend the time to file a response from December 2, 2022 to January 3, 2023, submitted to The Clerk.
- Nov 02 2022Response Requested. (Due December 2, 2022)
- Oct 19 2022DISTRIBUTED for Conference of 11/4/2022.
- Oct 11 2022Brief amicus curiae of Goldwater Institute filed.
- Oct 11 2022Brief amicus curiae of Americans for Fair Treatment filed.
- Oct 11 2022Brief amici curiae of Alaska, et al.
- Oct 05 2022Waiver of right of respondents California State Controller Betty Yee and California Attorney General Rob Bonta to respond filed.
- Oct 04 2022Motion for leave to file amicus brief filed by Mackinac Center for Public Policy.
- Sep 27 2022Waiver of right of respondent California Statewide Law Enforcement Agency to respond filed.
- Sep 06 2022Petition for a writ of certiorari filed. (Response due October 11, 2022)