On March 29, public sector unions narrowly avoided a severe blow as the Supreme Court handed down a 4-4 ruling in the case of Friedrichs v. California Teachers’ Association. The split ruling in the case, which dealt with the use of “fair-share” fees by public unions to fund their collective bargaining on behalf of all employees (including non-union employees).
The split ruling means that the Ninth Circuit’s ruling in favor of the teachers’ union and their use of such fees will stand, though no new precedent will be set.
It also brings home the full ramifications of the vacancy on the Supreme Court, left by the death of Justice Antonin Scalia (who almost surely would have ruled against the union), and the refusal of Republican senators to consider President Obama’s nominee Judge Merrick Garland. Similar 4-4 splits will likely leave the court divided on a slew of important issues until the vacancy is filled.
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