Supreme Court of the United States · Official docket →
Christopher Deering v. International Brotherhood of Electrical Workers Local 18, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-55458 · judgment October 23, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The questions presented are:
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As a matter of first impression, whether the First Amendment protects a public employee’s right to disassociate from a union—by resigning union membership and canceling dues payments—that must be waived before a government employer and union can compel the employee to remain a member, to continue paying union dues, or both, after he resigns union membership and attempts to withdraw authorization to dues payments.
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Whether a local municipality is liable for damages if it unconstitutionally compels public employees to fund union political speech pursuant to a policy it chose to collectively bargain with a union that requires employees to continue paying union dues after they resign union membership and withdraw authorization to dues payments.
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Whether a union acts “under color of law” when it instructs a government employer to deduct union dues from an employee’s wages pursuant to a policy it collectively bargained with a government employer that requires employees to continue paying union dues after they resign union membership and withdraw authorization to dues payments. (i)
Counsel of record
For petitioner
James Gideon Abernathy
Freedom Foundation
For respondent
Anya Binsacca
California Department of Justice
Proceedings
- Oct 07 2024Petition DENIED.
- Jun 18 2024DISTRIBUTED for Conference of 9/30/2024.
- Jun 07 2024Waiver of right of respondent California Attorney General Rob Bonta to respond filed.
- May 29 2024Waiver of right of respondent International Brotherhood of Electrical Workers Local 18 to respond filed.
- May 22 2024Waiver of right of respondent City of Los Angeles to respond filed.
- May 20 2024Waiver of International Bhd. 18, et al. of right to respond not accepted for filing. (May 23, 2024 - corrected waiver from respondent City of Los Angeles to be filed)
- May 10 2024Petition for a writ of certiorari filed. (Response due June 13, 2024)
- Feb 28 2024Application (23A780) granted by Justice Kagan extending the time to file until May 10, 2024.
- Feb 21 2024Application (23A780) to extend the time to file a petition for a writ of certiorari from March 11, 2024 to May 10, 2024, submitted to Justice Kagan.