Supreme Court of the United States · Official docket →
Kristine Kurk v. Los Rios Classified Employees Association, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-16257 · judgment August 24, 2022
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Ninth Circuit decision below, and a petition filed soon after the judgment below.
Question presented
California law requires Kristine Kurk to maintain her union membership as a condition of public employment. Kurk attempted to resign her union membership on September 13, 2018. It is undisputed that her public employer refused to honor the resignation based on California statute. It is also undisputed that the union refused to permit her to resign based on the collective bargaining agreement with her public employer, the relevant terms of which were authorized and controlled solely by the same state statute. This system violates the freedom of association of all employees subjected thereto by compelling membership in an inherently political organization. The question presented is: Does the First Amendment protect a public employee’s right to resign union membership at will? (i)
Counsel of record
For petitioner
Erin E. Murphy
Clement & Murphy, PLLC
For respondent
Joshua A. Klein
Case
Conference history
Distributed for 3 conferences
Amicus briefs
3 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.
- Apr 05 2023Reply of petitioner Kristine Kurk filed. (Distributed)
- Mar 20 2023Brief of respondent California Attorney General Rob Bonta in opposition filed.
- Mar 17 2023Brief of respondents Los Rios Classified Employees Association, et al. in opposition filed.
- Jan 20 2023Motion to extend the time to file a response is granted and the time is extended to and including March 20, 2023, for all respondents.
- Jan 12 2023Motion to extend the time to file a response from February 6, 2023 to March 20, 2023, submitted to The Clerk.
- Jan 06 2023Response Requested. (Due February 6, 2023)
- Jan 04 2023DISTRIBUTED for Conference of 1/20/2023.
- Dec 28 2022Brief amici curiae of Protect the First Foundation and Manhattan Institute filed.
- Dec 28 2022Brief amicus curiae of Liberty Justice Center filed.
- Dec 28 2022Brief amicus curiae of Center of the American Experiment filed.
- Dec 16 2022Waiver of right of respondent California Attorney General Rob Bonta to respond filed.
- Dec 12 2022Waiver of right of respondent Los Rios Classified Employees Association to respond filed.
- Nov 22 2022Petition for a writ of certiorari filed. (Response due December 28, 2022)