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| McKenna |
In a suit brought by the Evergreen Freedom Foundation and argued by Washington State Attorney General Rob Mckenna, the U.S. Supreme Court ruled unanimously that it is constitutional to require unions to first ask permission before they use someone else’s money to further their own political causes.
It was a stunning legal admonishment of the Washington State Supreme Court, which originally held in favor of the teacher’s union.
In Washington v. Washington Education Association and Davenport v. Washington Education Association, the court reversed a Washington Supreme Court ruling that held that the state’s “paycheck protection” law violated the First Amendment rights of teachers’ unions by requiring them to simply ask permission before using fees paid by non-members to fund political causes. Non-members must pay union fees to support collective bargaining services, and Washington teachers objected to those fees going to support the union’s political work.
“The court spelled out very clearly that the First Amendment doesn’t permit unions to confiscate other people’s money for their own political causes,” said William Maurer, Institute for Justice Washington Chapter executive director. “There’s nothing unconstitutional about letting teachers and other workers decide for them self whether to fund union political activity.”
The Institute for Justice also filed a friend-of-the-court brief urging the High Court to reverse the Washington court. The Washington State Attorney General’s office, under the leadership of both Democratic and Republican Attorneys General, have each prosecuted the arrogant Washington Education Association for violating the paycheck protection law.
“Unions remain free to speak out about political causes in the same way as every other advocacy group — by identifying and contacting like-minded individuals and persuading them to offer financial support for their work,” added Maurer. | 