17 February 2016

Academeblog: The Future of Friedrichs in the Supreme Court

"There’s been much speculation about the impact of the death of Supreme Court Justice Antonin Scalia on the cases currently before the Court, particularly those anticipated to be decided by a 5-4 vote with Scalia in the majority. One of these cases is Friedrichs v. California Teachers Association, in which the plaintiffs argued that the Supreme Court’s 40 year precedent upholding the constitutionality of agency fees – or fair share fees – should be overruled. The full Court heard oral arguments in the case last month. The AAUP had filed an amicus brief in Friedrichs, with the American Federation of Teachers, arguing that the Court should re-affirm that the payment of agency fees by nonmembers to support their fair share of the costs of collective bargaining is constitutional."

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