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View Full Version : Supreme Court Rules on Davenport vs Washington Education Association


Chief
06-14-2007, 10:47 AM
Just released...

http://www.supremecourtus.gov/opinions/06pdf/05-1589.pdf

GARY DAVENPORT, ET AL., PETITIONERS 05–1589 v. WASHINGTON EDUCATION ASSOCIATION
WASHINGTON, PETITIONER 05–1657 v. WASHINGTON EDUCATION ASSOCIATION
ON WRITS OF CERTIORARI TO THE SUPREME COURT OF
WASHINGTON
[June 14, 2007]

JUSTICE SCALIA delivered the opinion of the Court.

The State of Washington prohibits labor unions from using the agency-shop fees of a nonmember for election-related purposes unless the nonmember affirmatively consents. We decide whether this restriction, as applied topublic-sector labor unions, violates the First Amendment.

Held: It does not violate the First Amendment for a State to require its public-sector unions to receive affirmative authorization from a non-member before spending that nonmember’s agency fees for election-related purposes. Pp. 5–13.

SCALIA, J., delivered the opinion of the Court, Parts I and II–A and the second paragraph of footnote 2 of which were unanimous, and the remainder of which was joined by STEVENS, KENNEDY, SOUTER, THOMAS, and GINSBURG, JJ. BREYER, J., filed an opinion concurring in part and concurring in the judgment, in which ROBERTS, C. J., and ALITO, J., joined.

**SCHNIPP**

In a rare unanimous opinion, SCOTUS handed big labor a kick in the seat of their pants...

this is good news folks!

Stout Hearts!!