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Freedom Foundation v. Rita Gail Turner, in Her Official Capacity as Litigation Research Coordinator in the Public Records Act Unit, Office of General Counsel, Los Angeles Unified School District, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-768 · judgment March 10, 2025


Certiorari denied · January 12, 2026
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

On June 27, 2018, the day this Court decided Janus v. Am. Fed’n of State, Cnty., & Mun. Emps., Council 31, the California legislature openly declared war on that decision by passing a series of laws to prevent Janus from having its full intended effect. One of those laws was California Government Code § 3556 (“Section 3556”), which forbids anyone but incumbent labor unions from finding out when and where new public employee orientations occur. At these orientations, public sector unions manipulate new employees into becoming union members and intentionally conceal employees’ Janus rights to refuse to join a union or pay dues. California employs 3.5 million public employees, 280,000 of which go through new employee orientation every year. The Freedom Foundation, and others, seek to speak to these public employees outside of their orientations to inform them of their Janus rights, but under Section 3556 cannot do so because they are forbidden from knowing when and where these orientations occur. The question presented is: Whether a law that prevents anyone but incumbent unions from accessing information necessary to communicate with public employees before they are recruited into union membership is unlawful viewpoint discrimination under the First Amendment. (i)

Counsel of record

For petitioner
Shella Sadovnik Alcabes
Freedom Foundation

For respondent
Joseph William Eckhart
California Public Employment Relations Board

Case

Conference history
Distributed for 2 conferences

Linked docket
24A1176

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 03 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Nov 26 2025
    Reply of petitioner Freedom Foundation filed.
  4. Nov 14 2025
    Brief of State Respondents in opposition filed.
  5. Nov 14 2025
    Brief of respondents United Teachers Los Angeles, et al. in opposition filed.
  6. Oct 03 2025
    Letter of respondents Rita Gail Turner, Devora Navera Reed, and Alberto M. Carvalho received.
  7. Sep 22 2025
    Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2025, for all respondents.
  8. Sep 19 2025
    Motion to extend the time to file a response from October 15, 2025 to November 14, 2025, submitted to The Clerk.
  9. Sep 15 2025
    Response Requested. (Due October 15, 2025)
  10. Sep 03 2025
    DISTRIBUTED for Conference of 9/29/2025.
  11. Sep 02 2025
    Waiver of right of respondent Rob Bonta, in his official capacity as Attorney General of California to respond filed.
  12. Aug 25 2025
    Waiver of right of respondents United Teachers Los Angeles and Service Employees International Union Local 99 to respond filed.
  13. Aug 21 2025
    Waiver of right of respondent California Public Employment Relations Board to respond filed.
  14. Aug 20 2025
    Waiver of right of respondents Rita Gail Turner, Devora Navera Reed, and Alberto M. Carvalho to respond filed.
  15. Aug 07 2025
    Petition for a writ of certiorari filed. (Response due September 10, 2025)
  16. Jul 08 2025
    Application of Freedom Foundation for a further extension of time not accepted for filing. (July 10, 2025)
  17. Jun 02 2025
    Application (24A1176) granted by Justice Kagan extending the time to file until August 7, 2025.
  18. May 29 2025
    Application (24A1176) to extend the time to file a petition for a writ of certiorari from June 8, 2025 to August 7, 2025, submitted to Justice Kagan.