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Amicus Brief in Forthcoming Supreme Court First Amendment Case:

My Mayer Brown Rowe & Maw colleague Don Falk and I just filed an amicus brief on behalf of the American Legislative Exchange Council in Davenport v. Washington Education Association, which the Court will be hearing soon. The case is quite interesting, and while our brief is intentionally short and narrow, I hope it will be helpful.

Related Posts (on one page):

  1. Restriction on Union's Political Use of Coerced Fees from Non-Members:
  2. Amicus Brief in Forthcoming Supreme Court First Amendment Case:
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Restriction on Union's Political Use of Coerced Fees from Non-Members:

Lawprof Rick Hasen (Election Law blog) predicts a 9-0 vote upholding the law, and reversing the Washington Supreme Court's decision holding that the law violated the union's First Amendment rights. I cowrote an amicus brief in the case on that side, and I'm pleased to hear Rick's prediction. It's generally risky to put much stock on prediction from oral arguments, but here the case in favor of the law's constitutionality strikes me as objectively very strong (for the reasons mentioned in the brief), and the oral argument analysis thus strikes me as especially plausible.

UPDATE: Lawprof Paul Secunda (Workplace Prof blog) agrees that this is the likely result, though by a 7-2 vote.

Related Posts (on one page):

  1. Restriction on Union's Political Use of Coerced Fees from Non-Members:
  2. Amicus Brief in Forthcoming Supreme Court First Amendment Case:
71 Comments