CIR files a motion to enjoin the further collection of agency fees from its ten California teacher clients while their suit challenging the constitutionality of compulsory union dues is pending. Today’s motion for a preliminary injunction argues that CIR’s clients are entitled to immediate relief because of the ongoing and irreparable injury to their First Amendment rights.
The motion is an effort to move Friedrichs v. CTA quickly through the lower courts. It points out that prior cases upholding state closed-shop laws are irreconcilable with basic First Amendment principles and subsequent decisions and thus likely to be overruled. The motion therefore asks the Court to promptly deny today’s request (as a lower federal court must) but to do sowithout argument so that the plaintiffs can obtain prompt relief from the appellate courts, and ultimately the Supreme Court.