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Davenport v. Washington Education Association docket #: 05-1589 (2007)  [Findlaw]

Secondary Link Davenport v. Washington Education Association
Argument Date 01/10/2007
Decided 6/14/2007
Supreme Court Vote 9-0
Note Companion case: Washington v. Washington Education Association (docket #: 04-1657) After this case was argued, the Washington Legislature passed a bill modifying the law at issue in Davenport and the bill was signed by the governor.
Supreme Court Ruling The Court ruled that it is not a violation of the First Amendment for a state to bar a labor union representing government employees from using non-union workers' dues for political causes if those workers have not explicitly consented.
Issue(1) Do labor union officials have a 1st Amendment right to seize and use for political purposes the wages of nonmembers who have chosen not to become union members? (2) Does a state campaign finance law that prohibits labor unions and their officials from seizing and using the wages of nonmembers for partisan political campaigns without obtaining the non-members' affirmative consent violate the 1st Amendment rights of labor unions?
Supreme Court Times Link

Majority Opinion Scalia, J. (delivered the opinion for the Court. re Parts I, II-A & parts of footnote 2)
Concurring Opinion Breyer, J. (concurring in part & concurring in the judgment, joined by Alito, J., & Roberts, C.J.)
Certiorari Granted 09/26/2006
Lower Court District Court for the District of Columbia (3-judge court)
Oral Arguments Transcript
For Petitioner
Milton L. Chappell for National Right to Work Legal Defense Foundation, Inc.

For Respondent
John M. West (Bredhoff & Kaiser, P.L.L.C.)

William Berggren Collins (WA., Deputy Solicitor General)

For Amicus
Deborah J. La Fetra on behalf of Pacific Legal Foundation

Harry J.F. Korrell on behalf of Evergreen Freedom Foundation and Twelve Leading Public Policy Organizations

Trevor Alexander & McClurg Potter on behalf of the Campaign Legal Center

William R. Maurer on behalf of the Institute for Justice

For Petitioner
Supplemental Brief (for Davenport)

For Respondent
Supplemental Brief

Supplemental Brief (State of Washington)

For Amicus
Donald Falk (counsel of record) with Eugene Volokh for American Legislative Exchange Council (supporting Petitioners)

Tony Mauro Analysis
"Justices appear unsympathetic to union's free-speech arguments"

"1 First Amendment case on Court docket" (09/26/06)

Opinion - Lower Court
State ex rel Public Disclosure Committee v. Washington Education Association, 156 Wash 2d 543 (Wa., 2006) (dissenting op.)

State ex rel Public Disclosure Committee v. Washington Education Association, 156 Wash 2d 543 (Wa., 2006) (majority op.)

AP, "High court set to hear dispute over union's use of money" (01/08/07)

AP, "States may limit how unions use public employees' money" (6-14-07)

AP, "WA politics: Gregoire OKs union dues measure" (5/11/07)

Charles Lane, "Justices to Decide on Use Of Union Fees for Politics," Wash. Post (09/27/06)

Evergreen Freedom Foundation, "Fact-checking the Washington Education Association"

House Bill 2079 (WA, 2007)

Lauren Popper Ellis, "Argument Preview: "Union Fees" Cases on 1/10," SCOTUSblog (01/09/07)

Marty Lederman, "Framing Davenport" (SCOTUSblog) (1/29/07)

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