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SCOTUS takes on 1st amendment retaliation case
Public employee claims discharge was for compelled court testimony. Lane v. Franks – certiorari granted by the US Supreme Court on January 17 – will be one of the more interesting cases of this year....
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Lane v. Franks: Fired for testifying under subpoena
Public employee claims discharge was for compelled court testimony. Lane v. Franks is the big first amendment employment case for this year. The US Supreme Court heard oral arguments on April 28....
View ArticleSCOTUS: Can’t fire public employee for testifying under subpoena
Employee “spoke as a citizen on a matter of public concern.” As I predicted [here], the US Supreme Court held that a public employee who testifies in court (at least when that’s not part of his normal...
View Article10th Circuit nixes gay marriage ban
Strict scrutiny applies. Today, for the first time, a federal court of appeals has held that “A state may not deny the issuance of a marriage license to two persons, or refuse to recognize their...
View ArticleNoel Canning: Actually a big win for the President
Bad case for the NLRB. Not so bad for the President. The headlines are saying “Presidential recess appointments were unconstitutional.” True. And unanimous. Three appointments to the NLRB were made in...
View ArticleHarris v. Quinn: An anti-Abood manifesto
Abood’s analysis is “questionable.” The basic holding in Harris v. Quinn (US Supreme Court 06/30/2014) is that the first amendment bars collection of union agency fees from Illinois homecare personal...
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$1 in nominal damages plus $300,000 in punitive damages
For Title VII case, this does not violate due process. A jury found the employer liable for sexual harassment and awarded only nominal damages (one dollar) plus $868,750 in punitive damages. The trial...
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Supreme Court seeks Attorney General’s response in anti-Abood case
The frog is in the water, and the water is warming up. In Friedrichs v. California Teachers Association a group of non-union teachers is asking the US Supreme Court to overrule Abood v. Detroit Bd. of...
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SCOTUS to decide tribal jurisdiction over intern’s sexual molestation claim
My view: Why not? The store is on tribal lands. Dollar General operates a store on the Choctaw reservation. John Doe, a 13-year-old tribe member, was working at the store as an unpaid educational...
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Union fair share fees in the crosshairs at Supreme Court
Beginning of the end for Abood? My view: If the US Supreme Court agrees to review Friedrichs v. California Teachers Association we should prepare for a sea change in the legality of “agency shop” (aka...
View ArticlePublic sector unions tremble; Friedrichs is coming
. . . and fair share fees are at risk. Unions collect dues from their members and “fair share” fees from nonmembers that they represent. Nonmembers say that violates the 1st amendment, but the US...
View ArticleWithout Justice Scalia, the union wins in Friedrichs
The five-Justice majority that had been expected to reverse Friedrichs v. California Teachers Association has just been reduced to four, due to the death of Justice Antonin Scalia on February 13. This...
View ArticleFriedrichs 4-4 is union victory on agency shop fees
As predicted here, the Supreme Court today affirmed Friedrichs v. California Teachers Association by splitting four-to-four. This sets no precedent, but it leaves undisturbed the current system under...
View ArticleFriedrichs files Hail Mary petition for a Supreme Court rehearing
When the US Supreme Court split 4-4 in Friedrichs v. California Teachers Association (03/29/2016), that left intact the 9th Circuit’s decision affirming the current system under which public sector...
View ArticleTeacher tenure is not unconstitutional. Well, Duh.
Just because a statute is imperfect, as plaintiffs alleged, does not make it unconstitutional. Vergara v. State of California (California Ct App 04/14/2016) upheld the constitutionality of California’s...
View ArticleSCOTUS: Boss’s PERCEPTION controls in 1st amendment case
Jeffrey Heffernan’s supervisor thought Heffernan was involved in his opponent’s political campaign, but actually Heffernan was politically neutral. The boss demoted Heffernan. When Heffernan sued, the...
View ArticleEEOC can enter employer premises without consent
Without a warrant, and without consent, a judge allows the EEOC to enter an employer’s premises to investigate a discrimination charge. But let’s not get too excited about this because the judge...
View ArticleNLRB looks at jurisdiction over non-teachers at religious school
Should the NLRB continue its practice of asserting jurisdiction over secular, non-teaching employees of religiously affiliated organizations? Extend the test articulated in Pacific Lutheran University,...
View ArticleTeacher suspended for lecturing about the N-word
“Stupid but constitutional” says the 7th Circuit, upholding the suspension of a teacher who – wanting to explain why using the N-word is hurtful and must not be used – used the N-word during a...
View ArticleFinal curtain: Rehearing denied in Friedrichs
In its last act before adjourning for the summer, the US Supreme Court denied a rehearing in Friedrichs v. California Teachers Association [Decision] [Denial of rehearing]. The 4-4 decision on March 29...
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