Case Summary
Issue:
Whether the First Amendment freedom of speech protects a union’s right to collect its dues in the most expeditious manner possible?
Plaintiff:
Ben Ysursa, Idaho Secretary of State; Lawrence G. Wasden, Idaho Attorney General
Defendant:
Pocatello Education Association; Idaho Education Association; International Association of Fire Fighters Local 743; Professional Fire Fighters of Idaho, Inc.; Service Employees International Union Local 687; Idaho State AFL-CIO; Mark L. Heideman, Bannock County Prosecuting Attorney
Amicus Curiae:
Mountain States Legal Foundation
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Case History
In 2003, the Idaho legislature enacted the Voluntary Contributions Act (VCA), which provides “[d]eductions for political activities…shall not be deducted from the wages, earnings or compensation of an employee.” Under the VCA, however, “[n]othing…prohibit[s] an employee from personally paying contributions for political activities…”
Labor unions challenged the constitutionality of the VCA by arguing that it violates their rights to free speech and equal protection under the First and Fourteenth Amendments. An Idaho federal district court held that, “[b]y banning the payroll deduction for political speech, the VCA eliminates the easiest and least expensive way for unions to collect funds for political speech[]” and thus violates the First Amendment to the extent it applies to local government employers and private employers. It did hold, however, that the payroll deduction ban could be applied constitutionally to state employees.
The U.S. Court of Appeals for the Ninth Circuit affirmed this decision, holding that, although “[t]he law does not prohibit [union members] from participating in political activities,” it “hampers their ability to do so by making the collection of funds for that purpose more difficult.”
On December 28, 2007, the Idaho Secretary of State filed a Petition for Writ of Certiorari with the U.S. Supreme Court, which granted the Petition on March 31, 2008. On May 30, 2008, the Secretary filed the State’s opening brief on the merits. On June 3, 2008, MSLF filed its brief in support of the petitioner. On August 8, 2008, the Pocatello Education Association filed its response brief. On September 8, 2008, the State of Idaho filed its reply brief. Oral arguments were held on November 3, 2008.
