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Constitutional Law — freedom of association

U.S. Supreme Court


Constitutional Law — freedom of association

The First Amendment prohibits the collection of an agency fee from partial public employees who do not want to join or support the union.

Extending Abood’s boundaries to encompass partial public employees would invite problems. State regulations and benefits affecting such employees exist along a continuum, and it is unclear at what point, short of full-fledged public employment, Abood should apply. Under respondents’ view, a host of workers who currently receive payments from a government entity for some sort of service would become candidates for inclusion within Abood’s reach, and it would be hard to see where to draw the line.

656 F. 3d 692, reversed in part, affirmed in part, and remanded.

11-681 Harris v. Quinn

Alito, J.; Kagan, J., dissenting.

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