Supreme Court of the United States · Official docket →
Atishma Kant, et al. v. Service Employees International Union, Local 721, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-55904 · judgment October 23, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Public sector labor unions cannot use state law to take money from a nonmember public employee’s lawfully earned wages for use in political speech unless the employee affirmatively consents. Janus v. Am. Fed’n of State, Cnty., Mun. Emps. Council 31, 138 S. Ct. 2448, 2486 (2018). Since this waiver must be demonstrated by clear and compelling evidence showing the employee acted voluntarily, and with sufficient information and knowledge, a third party cannot act on the employee's behalf. That is to say, affirmative consent requires affirmative action on the part of the consenting employee. Any procedure failing this standard enables the union and government to compel the employee’s speech, and runs afoul of the First Amendment. Id. The questions presented are:
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Can a public sector labor union and government employer unilaterally waive public employees’ First Amendment rights through a collective bargaining agreement without the employee’s knowledge or direct involvement?
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Does a public sector labor union act under “color of law” when it collectively bargains with the government for a waiver of an employee’s First Amendment right to freedom from compelled speech? (i)
Counsel of record
For petitioner
Shella Sadovnik Alcabes
Freedom Foundation
For respondent
Scott A. Kronland
Altshuler Berzon, LLP
Proceedings
- Oct 07 2024Petition DENIED.
- Sep 13 2024Reply of petitioners Atishma Kant, et al. filed. (Distributed)
- Aug 07 2024DISTRIBUTED for Conference of 9/30/2024.
- Jul 22 2024Brief of respondents Service Employees International Union, Local 721, et al. in opposition filed.
- Jul 22 2024Brief of respondent California Attorney General Rob Bonta in opposition filed.
- May 28 2024Motion to extend the time to file a response is granted and the time is extended to and including July 22, 2024, for all respondents.
- May 24 2024Motion to extend the time to file a response from June 7, 2024 to July 22, 2024, submitted to The Clerk.
- May 08 2024Response Requested. (Due June 7, 2024)
- May 07 2024DISTRIBUTED for Conference of 5/23/2024.
- May 01 2024Waiver of right of respondent Service Employees International Union, Local 721 to respond filed.
- Apr 30 2024Waiver of right of respondent California Attorney General Rob Bonta to respond filed.
- Apr 10 2024Petition for a writ of certiorari filed. (Response due May 13, 2024)
- Feb 28 2024Application (23A795) granted by Justice Kagan extending the time to file until April 10, 2024.
- Feb 22 2024Application (23A795) to extend the time to file a petition for a writ of certiorari from March 11, 2024 to April 10, 2024, submitted to Justice Kagan.