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Brief amicus curiae of Buckeye Institute - Proof of Service

Document 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 Buckeye Inst...
Briefs and Records Supreme Court of the United States United States Courts of Appeals
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Brief amicus curiae of Goldwater - Certificate of Word Count

Document 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, C...
As required by Supreme Court Rule 33.1(h), I certify that the BRIEF AMICUS CURIAE OF GOLDWATER INSTITUTE IN SUPPORT OF PETITIONERS in the above entitled case complies with the typeface requirement of Supreme Court Rule 33.1(b), being prepared in New Century Schoolbook 12 point for the text and 10 point for the footnotes, and this brief contains 4977 words, excluding the parts that are exempted by Supreme Court Rule 33.1(d), as needed.
Subscribed and sworn to before me this 29th day of September, 2023.
I am duly authorized under the laws of the State of Nebraska to administer oaths.
Notary Public Affiant 44274
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Brief amicus curiae of Protect the First - Main Document

Document 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 Protect the F...
I. Janus Makes Plain that Deducting Union Dues Absent Clear and Knowing Waiver Compels Political Speech and Association in Violation of the First Amendment.
laws Those charged with enforcing Alaska’s determined that the State’s pre-Janus dues-deduction processes used the power of the government to take money directly from employees’ paychecks without first ensuring that the constitutional waiver standard was met.
I. Janus Makes Plain that Deducting Union Dues Absent Clear and Knowing Waiver Compels Political Speech and Association in Violation of the First Amendment.
For example, in Fischer v. Governor of New Jersey, the Third Circuit imposed an implausibly narrow interpretation of Janus on a class of public- school teachers seeking relief from an unconstitutional union-membership agreement.
Similarly, the Seventh Circuit has held that there was no First Amendment violation where a school district employee was not permitted to stop paying union dues upon her resignation.
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Brief amici curiae of Kansas et al filed - Main Document

Document Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Brief amici curiae of Kansas et al fil...
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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Brief amici curiae of Kansas et al filed - Proof of Service

Document Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Brief amici curiae of Kansas et al fil...
Briefs and Records Supreme Court of the United States United States Courts of Appeals
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Brief amici curiae of Mackinac Center - Main Document

Document Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Brief amici curiae of Mackinac Cent...
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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Brief amici curiae of Mark Janus et al - Main Document

Document Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Brief amici curiae of Mark Janus et ...
Nonetheless, the lower courts that have heard these cases have held that Janus does not require af- firmative consent and these cases do not implicate the First Amendment.
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Brief amicus curiae of Goldwater - Main Document

Document 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, M...

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Brief amicus curiae of Freedom - Proof of Service

Document 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 Freedom, Pr...

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Brief amicus curiae of Protect the First - Proof of Service

Document 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 Protect the F...

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Brief amicus curiae of Freedom - Main Document

Document 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 Freedom, Ma...

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Brief amici curiae of Mackinac Center - Certificate of Word Count

Document Alaska, et al., Petitioners v. Alaska State Employees Association/American Federation of State, County and Municipal Employees Local 52, AFL-CIO, 23-179, Brief amici curiae of Mackinac Cent...

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Brief amicus curiae of Buckeye Institute - Main Document

Document 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 Buckeye Inst...

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Brief amicus curiae of Protect the First - Certificate of Word Count

Document 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 Protect the F...

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Brief amicus curiae of National Right to - Main Document

Document 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 National Righ...

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