SCOTUSblog preview: New threat to public-sector unions

An analysis posted today on SCOTUSblog previews arguments to be presented next week in Friedrichs v. California Teachers Association, a case that could have serious implications for public-sector unions:

Next Monday, January 11, when the Supreme Court returns from its holiday recess, it will devote an expanded argument to a case that has made unions which represent government workers deeply fearful for their financial future and their public stature.  A significant blow to their treasuries could come if non-union workers are able to turn broad hints by the Supreme Court into final victory in Friedrichs v. California Teachers Association.

Read the full SCOTUSblog post here.

This excerpt from the AAUP’s amicus brief explains the questions that the Supreme Court will take up:

The Supreme Court accepted two questions for review: (1) Whether Abood v. Detroit Board of Education should be overruled and public-sector “agency shop” arrangements invalidated under the First Amendment; and (2) whether it violates the First Amendment to require that public employees affirmatively object to subsidizing nonchargeable speech by public-sector unions, rather than requiring that employees affirmatively consent to subsidizing such speech.

The AAUP amicus brief can be read in its entirety here.

A decision on the case is expected in late spring or early summer.