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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Amicus brief of States of Kansas Al...
Janus v. AFSCME, Council 31, 138 S. Ct. 2448 (2018), held the automatic withdrawal of public-sector union dues and fees from nonmember public employ- ees’ paychecks without clear and compelling evidence that the employees knowingly and voluntarily waived their First Amendment rights violated the Constitu- tion.1 Id. at 2486.
Until this issue is resolved, amici States Kansas, Alabama, Idaho, Indiana, Iowa, Nebraska, Oklahoma, South Carolina, Texas, Utah, and West Virginia, as well as all public employers, will continue to find themselves stuck in a no-win situation.
Until this Court resolves this issue, public em- ployers, like amici States, remain stuck between a rock and a hard place, at risk of a lawsuit but unable to take concrete actions to ensure their employees are knowingly and voluntarily waiving their First Amendment rights.
This Court has recognized that, because public- sector unions take many positions that have im- portant political and civic consequences, compulsory dues or fees “constitute a form of compelled speech and association that imposes a ‘significant impinge- ment on First Amendment rights.’” Knox v. Service Emps.
Because Alaska was shut out of the process, the Attorney Gen- eral concluded it could not ensure the authorization forms it received from the union were “the product of a free and deliberate choice rather than coercion or improper inducement.” App 150-51 (quoting Comer v. Schiro, 480 F.3d 960, 965 (9th Cir. 2007)).
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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Amicus brief of States of Kansas Alabama, Main
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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Amicus brief of Mackinac Center fo...
2 The court seemed to use the term as a basis for its second point related to Janus: “the State’s reading of Janus imagines compulsion when none exists.” State v. Alaska State Emp.
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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Amicus brief of States of Kansas Al...
Briefs and Records Supreme Court of the United States United States Courts of Appeals
As required by Supreme Court Rule 33. l(h), I certify that the Amici Curiae Brief for the States of Kansas, Alabama, Idaho, Indiana, Iowa, Nebraska, Oklahoma, South Carolina, Texas, Utah, and West Virginia in Support of Petitioners contains 3, 722 words, excluding the parts of the Brief that are exempted by Supreme Court Rule 33.l(d).
(800) 890.5001 www.beckergallagher.com 8790 Governor's Hill Drive Suite 102 Cincinnati, Ohio 45249 Franklin Square 1300 I Street, NW, Suite 400E Washington, DC 20005
State of Ohio County of Hamilton I declare under penalty of perJury that the foregoing is true and correct.
Notary Public, State of Ohio My Commission Expires February 14, 2028
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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Amicus brief of States of Kansas Alabama, Cert
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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Amicus brief of National Right to Wo...
I HEREBY CERTIFY that on September 29, 2023, three (3) copies of the BRIEF OF AMICUS
FAIRNESS CENTER IN SUPPORT OF PETITIONERSin the above-captioned case were served, as required by U.S. Supreme Court Rule 29.5(c), on the following:
The following email addresses have also been served electronically: .
1115 H Street, N.E.
District of Columbia My commission expires March 14, 2028.
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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Amicus brief of Freedom Foundatio...
I HEREBY CERTIFY that on September 29, 2023, three (3) copies of the BRIEF OF FREEDOM FOUNDATION AS AMICUS CURIAE IN SUPPORT OF PETITIONERSin the above-captioned case were served, as required by U.S. Supreme Court Rule 29.5(c), on the following: Attorneys for Petitioners
Attorneys for Respondent
1115 H Street, N.E.
fe * Orme: 2 Batqeeg
District of Columbia My commission expires March 14, 2028.
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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Amicus brief of Buckeye Institute, C...
Briefs and Records Supreme Court of the United States United States Courts of Appeals
As required by Supreme Court Rule 33. l(h), I certify that the Brief of Amicus Curiae the Buckeye Institute in Support of Petitioners contains 3,662 words, excluding the parts of the Brief that are exempted by Supreme Court Rule 33.l(d).
(800) 890.5001 www.beckergallagher.com 8790 Governor's Hill Drive Suite l 02 Cincinnati, Ohio 45249 Franklin Square , 1300 I Street, NW, Suite 400E Washington, DC 20005
State of Ohio County of Hamilton I declare under penalty of perJury that the foregoing is true and correct.
Notary Public [seal]
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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Amicus brief of Freedom Foundatio...
Public employees who contact the Foundation frequently express their wish that they had known they had a First Amendment right to refuse to join and financially support the union before they were asked to authorize payroll dues deductions.
Nevertheless, her government employer continued to divert payments from her pay- checks to the Engineers and Architects Association (EAA) for nearly three years after Janus, even after she clearly notified them in writing that she had never authorized the deductions.
Craig Brayfield, a previously homeless public employee under extreme financial hardship, retained a Foundation attorney because he believed he had been tricked into signing a SEIU 2015 dues deduction authorization.
Glenn Laird personally modified a union card with United Teachers of Los Angeles (UTLA) to allow him to end the deductions from his lawfully earned wages to fund the Union’s speech at any time.
Decades ago, Christopher Deering signed a union card with the International Brotherhood of Electrical Workers, Local 18 (IBEW 18), allowing him to end payroll deductions at any time provided he did so in writing.
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Briefs and Records Supreme Court of the United States United States Courts of Appeals
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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Amicus brief of Buckeye Institute, Proof of Se
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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Amicus brief of Freedom Foundatio...
Supreme Court of the Anited States
On Petition for Writ of Certiorari to the Supreme Court of the State of Alaska
As required by Supreme Court Rule 33.1(h), I certify that the document contains 5,967 words, excluding the parts of the document that are exempted by Supreme Court Rule 33.
I declare under penalty of perjury that the foregoing is true and correct.
District of Columbia _My commission expires March 14, 2028.
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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Amicus brief of Freedom Foundation, Certificat
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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Amicus brief of States of Kansas Al...
Briefs and Records Supreme Court of the United States United States Courts of Appeals
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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Amicus brief of States of Kansas Alabama, Proo
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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Amicus brief of Mackinac Center fo...
I, Renee Goss, of lawful age, being duly sworn, upon my oath state that I did, on the 29th day of September, 2023, send out from Omaha, NE 2 package(s) containing 3 copies of the BRIEF OF AMICI CURIAE MACKINAC CENTER FOR PUBLIC POLICY AND LANDMARK LEGAL FOUNDATION IN SUPPORT OF PETITIONERS in the above entitled case.
All parties required to be served have been served by Priority Mail.
Packages were plainly addressed to the following:
I am duly authorized under the laws of the State of Nebraska to administer oaths.
Notary Public Affiant 44288
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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Amicus brief of National Right to Wo...
To this end, Foundation staff attorneys have represented individuals before the Su- preme Court in several major cases involving individ- uals’ First Amendment rights to refrain from subsidiz- ing unions and their expressive activities.
Amici urge the Court to grant review to make clear that it meant what it said in Janus: that, to seize payments for union speech from nonmembers, a “waiver must be freely given and shown by ‘clear and compelling’ evidence.’” 138 S. Ct. at 2486 (quoting Curtis Publ’g Co. v. Butts, 388 U.S. 130, 145 (1967) (plurality opinion)).
The most common way states and un- ions frustrate employees’ right under Janus—prohib- iting them from stopping government deductions of union dues except during an annual ten- or fifteen-day period—cannot satisfy this criterion.
Unlike under a waiver standard, there is no require- ment that employees presented with dues deduction forms be notified of their constitutional right not to fi- nancially support a union.
According to the Ninth Circuit, it is not problematic to prohibit employ- ees from exercising their rights under Janus for four years based on an oblique reference to a maintenance of membership requirement in a dues deduction form.
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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Amicus brief of National Right to Work, Main D
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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Amicus brief of Buckeye Institute, M...
California agencies may not send email or any other “mass communication” to workers regarding union membership or dues without the union’s approval of the content or simultaneously with the union’s own mass communication (paid for by the employer).
Similarly, Michelle Cymbor, who works in the Springfield Local School District near Akron, Ohio, submitted a letter to OAPSE on October 19, 2020, resigning from the union and withdrawing her authorization for dues deduction.
By accepting this case, the Court can bring clarity to the interplay between private union membership contracts, First Amendment rights under Janus, and the mediating role of state and local governments.
B. Alaska’s Policy is Consistent with Contract Law and State Consumer Safeguards The Buckeye Institute has argued that Belgau was wrongly decided and filed an amicus brief asking this Court to grant certiorari, which was denied.
By accepting this case, the Court can clarify the scope of state government power to balance contractual interests between unions and their members, the goals of collective bargaining and the First Amendment.
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Supreme Court of the United States
~~ As required by Supreme Court Rule 33.1(h), I certify that the document contains 4,454 words, excluding the parts of the document that are exempted by Supreme Court Rule 33.1(d).
I declare under penalty of perjury that the foregoing is true and correct.
Sworn to and subscribed before me this 29th day of September 2023.
4 2 i & ui x ig ; My commission expires March 14, 2028. oN AG 2,
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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Amicus brief of National Right to Work, Certif
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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Brief amicus curiae of Goldwater, P...
I, Renee Goss, of lawful age, being duly sworn, upon my oath state that I did, on the 29th day of September, 2023, send out from Omaha, NE 2 package(s) containing 3 copies of the BRIEF AMICUS CURIAE OF GOLDWATER INSTITUTE IN SUPPORT OF PETITIONERS in the above entitled case.
Packages were plainly addressed to the following:
I am duly authorized under the laws of the State of Nebraska to administer oaths.
Notary Public Affiant 44274
Attorneys for Petitioners John Michael Connolly Counsel of Record Party name: Alaska, et al.
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Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Brief amicus curiae of Goldwater, Proof of Ser
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