CIR filed a petition for rehearing today asking the Supreme Court to re-hear Friedrichs v. CTA when a new, ninth Justice is confirmed. This would allow the question of whether compulsory union fees violate the First Amendment to be heard and decided by the full Court of nine Justices.
Last month, the Court issued a split, 4-4 decision by an evenly divided Court following the February death of Justice Antonin Scalia. The split decision effectively denied the parties a full decision on the merits, leaving existing laws in place in the twenty-three states that impose compulsory dues on public employees as a condition of employment.
Today’s petition urges the Court to grant a rehearing so that the important question of the First Amendment rights of public employees can be decided authoritatively by the full Court.
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