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Avraham Goldstein, et al. v. Professional Staff Congress/CUNY, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 23-384 · judgment March 18, 2024


Certiorari denied · January 13, 2025
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a dissent in the court below (flagged in the petition), and counsel who has filed here before.

Question presented

The State of New York is prohibiting several professors, all but one of whom are Jews, from dissociating themselves from a union’s representation to protest its anti-Semitic and anti-Israel conduct and other expressive activities. The question presented is: Whether it violates the First Amendment for a state to prohibit individuals from dissociating from a union’s representation to protest that union’s expressive activities? (i)

Counsel of record

For petitioner
Nathan John McGrath
The Fairness Center

For respondent
Jamison Michael Isaac Davies
New York City Law Department - Appeals Division

Case

Conference history
Distributed for 2 conferences

Amicus briefs
12 cert-stage

Proceedings

  1. Jan 13 2025
    Petition DENIED.
  2. Dec 24 2024
    DISTRIBUTED for Conference of 1/10/2025.
  3. Dec 20 2024
    Reply of petitioners Avraham Goldstein, et al. filed. (Distributed)
  4. Dec 06 2024
    Brief of respondent Professional Staff Congress/CUNY in opposition filed.
  5. Dec 06 2024
    Brief of respondents City University of New York, et al. in opposition filed.
  6. Oct 15 2024
    Brief amicus curiae of American Center for Law and Justice filed.
  7. Sep 27 2024
    Motion to extend the time to file a response is granted and the time is extended to and including December 6, 2024, for all respondents.
  8. Sep 26 2024
    Motion to extend the time to file a response from October 15, 2024 to December 6, 2024, submitted to The Clerk.
  9. Sep 12 2024
    Response Requested. (Due October 15, 2024)
  10. Aug 28 2024
    DISTRIBUTED for Conference of 9/30/2024.
  11. Aug 22 2024
    Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
  12. Aug 22 2024
    Brief amicus curiae of Mackinac Center for Public Policy filed.
  13. Aug 22 2024
    Brief amicus curiae of Richard J. Peltz-Steele filed.
  14. Aug 22 2024
    Brief amicus curiae of Goldwater Institute filed.
  15. Aug 22 2024
    Brief amici curiae of Advancing American Freedom, et al. filed.
  16. Aug 22 2024
    Brief amicus curiae of The Buckeye Institute filed.
  17. Aug 22 2024
    Brief amicus curiae of StandWithUs filed.
  18. Aug 22 2024
    Brief amicus curiae of Freedom Foundation filed.
  19. Aug 22 2024
    Brief amicus curiae of Coalition for a Democratic Workplace filed.
  20. Aug 21 2024
    Brief amici curiae of Upper Midwest Law Center and Manhattan Institute filed.
  21. Aug 20 2024
    Waiver of right of respondents City University of New York, Wirenius, Townley, Zumbolo, DiNapoli to respond filed.
  22. Aug 20 2024
    Waiver of right of respondents Professional Staff Congress/CUNY to respond filed.
  23. Aug 16 2024
    Brief amicus curiae of Zionist Organization of America filed.
  24. Aug 02 2024
    Waiver of right of respondent City of New York to respond filed.
  25. Jul 19 2024
    Petition for a writ of certiorari filed. (Response due August 22, 2024)