Yesterday the U.S. Supreme Court, in a 5-4 decision regarding Harris v. Quinn (US 11-681 6/30/14), ruled that partial public employees cannot be compelled to pay their fair share of representation costs if they choose to not join the union representing them. This ruling does not overturn the Court’s precedent set by Abood v. Detroit Bd. of Education (1977). That decision requires public employees to pay their share of representation costs if they do not join the union representing their class of employees at a public agency.
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Supreme Court Justice Anthony M. Kennedy turned down at midday Sunday a request to stop same-sex marriages from occurring in California. Without comment, and without seeking views from the other side, Kennedy rejected a plea that the Ninth Circuit Court did not have the authority to put into effect last Friday a federal judge’s order that allowed such marriages.
This morning the U.S. Supreme Court issued 5 of 11 remaining decisions for the 2012-13 session. Most notable case was Fisher v. UT Austin, the affirmative action case. In a 7-1 decision The Fifth Circuit is vacated and remanded, its decision affirming the district court’s grant of summary judgment was incorrect. Ginsburg dissents alone. Kagan was recused.
The Supreme Court declared on Thursday that the anti-prostitution loyalty oath (APLO), a policy that requires organizations to adopt the U.S. government’s point of view as a condition of receiving U.S. global HIV funds, violates the First Amendment when it is applied to U.S. organizations. The decision allows U.S. organizations to address the HIV and AIDS epidemic with evidence-based interventions, free from discrimination and political agendas.
UPDATE 6/17/2013: On Monday morning, the U.S. Supreme Court is scheduled to release one or more opinions from its current term with the remaining opinions issued by the end of the month. The pending opinions include rulings on both Proposition 8 on March 26th (Hollingsworth v. Perry), and the Defense of Marriage Act (U.S. v. Windsor) on March 27th, 2013.