Decided

No. 16-1466

Mark Janus v. American Federation of State, County, and Municipal Employees, Council 31, et al.

from the United States Court of Appeals for the Seventh Circuit

See other cases from the Seventh Circuit.

Docket Entries

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Gorsuch, JJ., joined. Sotomayor, J. filed a dissenting opinion. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined.

Argued. For petitioner: William L. Messenger, Springfield, Va.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For state respondents: David L. Franklin, Solicitor General of Illinois, Chicago, Ill. For respondent AFSCME Council 31: David C. Frederick, Washington, D. C.

Motion for divided argument filed by respondent GRANTED.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

Reply of petitioner Mark Janus filed. (Distributed)

Brief amicus curiae of American Federation of Government Employees filed. (Distributed)

Brief amicus curiae of American Civil Liberties Union filed. (Distributed)

Brief amici curiae of States of New York, Alaska Connecticut Delaware Hawaii Iowa Kentucky Maine Maryland Massachusetts Minnesota New Mexico New Jersey North Carolina Oregon Pennsylvania Rhode Island Vermont Virginia and Washington and the District of Columbia filed. (Distributed)

Brief amici curiae of Labor Law & Labor Relations Professors filed. (Distributed)

Brief amicus curiae of NEW YORK CITY SERGEANTS BENEVOLENT ASSOCIATION filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amici curiae of Constitutional Law Scholars filed. (Distributed)

Brief amici curiae of Los Angeles County's Department of Health Services, et al. filed. (Distributed)

Brief amicus curiae of International Association of Fire Fighters filed. (Distributed)

Brief amici curiae of Mayor Eric Garcetti, County Executive Dow Constantine, Mayor Jenny Durkan, Mayor Rahm Emanuel, Mayor James Kenney, and Mayor Bill De Blasio filed. (Distributed)

Brief amicus curiae of United States Conference of Catholic Bishops filed. (Distributed)

Brief amicus curiae of The National Conference on Public Employee Retirement Systems filed. (Distributed)

Brief amici curiae of Republican Current and Former State and Local Officeholders filed. (Distributed)

Brief amicus curiae of State of California filed. (Distributed)

Brief amicus curiae of New York City Municipal Labor Committee filed. (Distributed)

Brief amici curiae of National Education Association, et al. filed. (Distributed)

Joint motion for divided argument filed by respondents.

Brief amicus curiae of International Brotherhood of Teamsters filed. (Distributed)

Brief amici curiae of Fifteen Unions, et al. filed. (Distributed)

Brief amici curiae of International Association of Machininists and Aerospace Workers filed. (Distributed)

Brief amicus curiae of The National Fraternal Order of Police filed. (Distributed)

Brief amici curiae of National Women's Law Center, The Leadership Conference on Civil and Human Rights, and 85 Additional Organizations Committed to Civil Rights and Economic Opportunity filed. (Distributed)

Brief amici curiae of Crown Building Maintenance Co. d/b/a Able Services and Northern Indiana Independent Contractors Group filed. (Distributed)

Brief amici curiae of 24 Past Presidents of the D.C. Bar filed. (Distributed)

Brief amici curiae of Professors Eugene Volokh and William Baude filed. (Distributed)

Brief amicus curiae of Professor Benjamin I. Sachs filed. (Distributed)

Brief amici curiae of Faith in Public Life, et al. filed. (Distributed)

Brief amicus curiae of The City of New York filed. (Distributed)

Brief amici curiae of Professors Cynthia L. Estlund, Samuel Estreicher, Julius G. Getman, William B. Gould IV, Michael C. Harper, and Theodore J. St. Antoine filed. (Distributed)

Brief amici curiae of Human Rights Campaign, Lambda Legal Defense and Education Fund, Inc., National Center for Lesbian Rights, National LGBTQ Task Force, and PFLAG National filed. (Distributed)

Brief amicus curiae of Laborers' International Union of North America filed. (Distributed)

Brief amicus curiae of American Federation of Teachers filed. (Distributed)

Brief amici curiae of Workers Rasheedah Gray, et al filed. (Distributed)

Brief amicus curiae of Steve Bullock, Governor of Montana filed. (Distributed)

Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)

Brief amici curiae of Chabot Las-Positas Faculty Association, et al. filed. (Distributed)

Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)

Brief amici curiae of Senators Sheldon Whitehouse and Richard Blumenthal filed. (Distributed)

Brief amici curiae of Governor Tom Wolf, et al. filed. (Distributed)

Brief amici curiae of Economists and Professors of Law and Economics filed. (Distributed)

Brief of respondent American Federation of State, County, and Municipal Employees, Council 31 filed. (Distributed)

Brief of respondents Lisa Madigan and Michael Hoffman filed. (Distributed)

Record received from the U.S.C.A. 7th Circuit is electronic.

Record requested from the U.S.C.A. 7th Circuit.

CIRCULATED

SET FOR ARGUMENT ON Monday, February 26, 2018

Brief amicus curiae of Landmark Legal Foundation filed.

Brief amicus curiae of 1851 Center for Constitutional Law filed.

Brief amici curiae of Employees of the State of Minnesota Court System filed.

Brief amici curiae of Freedom Foundation and Economists filed.

Brief amici curiae of Rebecca Friedrichs, et al. filed.

Brief amici curiae of Jason R. Barclay and James S. Montana, Jr. filed.

Brief amici curiae of Certified Public Accountants in support of neither party filed.

Brief amicus curiae of Corporate Law Professors in support of neither party filed.

Brief amicus curiae of California Public-school Teachers filed.

Brief amici curiae of Charles Fried and Robert C. Post in support of neither party filed.

Brief amici curiae of The Center on National Labor Policy, Inc. & Ben Johnson filed.

Brief amicus curiae of Mackinac Center for Public Policy filed.

Brief amicus curiae of Atlantic Legal Foundation filed.

Brief amici curiae of The Buckeye Institute for Public Policy Solutions and Southeastern Legal Foundation filed.

Brief amicus curiae of James Madison Institute filed.

Brief amicus curiae of United States filed.

Brief amicus curiae of American Center for Law & Justice filed.

Brief amicus curiae of The Becket Fund for Religious Liberty filed.

Brief amici curiae of Jane Ladley and Christopher Meier filed.

Brief amicus curiae of Competitive Enterprise Institute filed.

Brief amici curiae of Gregory J. Hartnett, Elizabeth M. Galaska, Robert G. Brough, Jr., John M. Cress filed.

Brief amicus curiae of Center for Constitutional Jurisprudence filed.

Brief amicus curiae of The Rutherford Institute filed.

Brief amici curiae of Michigan, Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Missouri, Nebraska, Nevada, Oklahoma, South Carolina, Tennessee, Texas, Utah, West Virginia, and Wisconsin filed.

Brief amicus curiae of Pacific Legal Foundation filed.

Joint appendix filed. (Statement of costs filed)

Brief of petitioner Mark Janus filed.

Brief amici curiae of Cato Institute, et al. filed.

Brief amicus curiae of James Madison Center for Free Speech, Inc. filed.

The time to file respondents' briefs on the merits is extended to and including January 12, 2018.

The time to file the joint appendix and petitioner's brief on the merits is extended to and including November 29, 2017.

Blanket Consent filed by Petitioner, Mark Janus.

Blanket Consent filed by Respondent, American Federation of State, County, and Municipal Employees, Council 31

Blanket Consent filed by Respondents, Lisa Madigan and Michael Hoffman.

Petition GRANTED.

DISTRIBUTED for Conference of 9/25/2017.

Reply of petitioner Mark Janus filed.

Brief of respondent American Federation of State, County, and Municipal Employees, Council 31 in opposition filed.

Brief of respondents Lisa Madigan and Michael Hoffman in opposition filed.

Brief amicus curiae of Mackinac Center for Public Policy filed.

Brief amicus curiae of The Competitive Enterprise Institute filed.

Brief amicus curiae of Center for Constitutional Jurisprudence filed.

Brief amicus curiae of Atlantic Legal Foundation filed.

Brief amici curiae of Michigan and Eighteen other States filed.

Brief amici curiae of the Cato Institute, et al. filed.

Brief amici curiae of Rebecca Friedrichs, et al. filed.

Brief amicus curiae of Debora Nearman filed.

Brief amicus curiae of the Buckeye Institute for Public Policy Solutions filed.

Brief amici curiae of Pacific Legal Foundation, et al. filed.

Order extending time to file response to petition to and including August 11, 2017, for all respondents.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Michael Hoffman, in his official capacity as the Acting Director of the Illinois Department of Central Management Services, et al.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent American Federation of State, County and Municipal Employees, Council 31.

Petition for a writ of certiorari filed. (Response due July 10, 2017)

Parties

Lisa Madigan and Michael Hoffman, Respondent, represented by David Leigh Franklin

Amici Curiae

1851 Center for Constitutional Law, Amicus Curiae, represented by Christopher P. Finney

24 Past Presidents of the D.C. Bar, Amicus Curiae, represented by John W. Nields Jr.

American Center for Law and Justice, Amicus Curiae, represented by Jay Alan Sekulow

American Civil Liberties Union, Amicus Curiae, represented by David D. Cole

American Federation of Government Employees, Amicus Curiae, represented by Jeffrey Alan Lamken

American Federation of Labor and Congress of Industrial Organizations, Amicus Curiae, represented by James B. Coppess

American Federation of Teachers, Amicus Curiae, represented by Kevin K. Russell

Atlantic Legal Foundation, Amicus Curiae, represented by Martin Sander Kaufman

Atlantic Legal Foundation, Amicus Curiae, represented by Martin S. Kaufman

Benjamin Sachs, Amicus Curiae, represented by Joseph Marc Sellers

California Public School Teachers, Amicus Curiae, represented by Michael A. Carvin

Center for Constitutional Jurisprudence, Amicus Curiae, represented by Anthony T. Caso

Certified Public Accountants, Amicus Curiae, represented by Virginia Anne Seitz

Chabot Las-Positas Faculty Association, et al., Amicus Curiae, represented by Robert James Bezemek

Charles Fried and Robert C. Post, Amicus Curiae, represented by Seth P. Waxman

Child Protective Service Workers and Their Representatives, Amicus Curiae, represented by Joseph Carl Cecere

Constitutional Law Scholars, Amicus Curiae, represented by Andrew John Pincus

Corporate Law Professors, Amicus Curiae, represented by Anna-Rose Mathieson

Crown Building Maintenance Co. d/b/a Able Services and Northern Indiana Independent Contractors Group, Amicus Curiae, represented by Michael Patrick Abate

Debora Nearman, Amicus Curiae, represented by Jill O. Gibson

Economists and Professors of Law and Economics, Amicus Curiae, represented by Daniel Erin Jackson

Employees of the State of Minnesota Court System, Amicus Curiae, represented by John Michael Connolly

Faith in Public Life, Religious Organizations, and Faith Leaders, Amicus Curiae, represented by Eric Alan Isaacson

Fifteen Unions, Amicus Curiae, represented by Gregg McLean Adam

Freedom Foundation and Economists, Amicus Curiae, represented by James G. Abernathy

Governor Tom Wolf, et al., Amicus Curiae, represented by Samuel Robert Bagenstos

Gregory J. Hartnett, Elizabeth M. Galaska, Robert G. Brough, Jr., John M. Cress, Amicus Curiae, represented by Nathan John McGrath

Human Rights Campaign, Lambda Legal Defense and Education Fund, Inc., National Center for Lesbian Rights, National LGBTQ Task Force, and PFLAG National, Amicus Curiae, represented by Steven Eliott Fineman

International Association of Fire Fighters, Amicus Curiae, represented by Thomas Aquinas Woodley

International Association of Machininists and Aerospace Workers, Amicus Curiae, represented by Mark David Schneider

International Brotherhood of Teamsters, Amicus Curiae, represented by Stephen P Berzon

James Madison Institute, Amicus Curiae, represented by Joshua Mahlon Hawkes

Jane Ladley and Christopher Meier, Amicus Curiae, represented by Nathan J. McGrath

Jason R. Barclay and James S. Montana, Jr., Amicus Curiae, represented by David L. Applegate

Laborers' International Union of North America, Amicus Curiae, represented by Lisa Wan-ning Pau

Labor Law & Labor Relations Professors, Amicus Curiae, represented by Charlotte Garden

Los Angeles County's Department of Health Services, NYC Health + Hospitals, and Service Employees International Union, Amicus Curiae, represented by Nicole G. Berner

Mackinac Center for Public Policy, Amicus Curiae, represented by Patrick J. Wright

Mayor Eric Garcetti, County Executive Dow Constantine, Mayor Jenny Durkan, Mayor Rahm Emanuel, Mayor James Kenney, and Mayor Bill De Blasio, Amicus Curiae, represented by Donald B. Verrilli Jr.

Michigan and Eighteen other States, Amicus Curiae, represented by Aaron D. Lindstrom

National Education Association et al., Amicus Curiae, represented by Alice Margaret O'Brien

National Women's Law Center, The Leadership Conference on Civil and Human Rights, and 85 Additional Organizations Committed to Civil Rights and Economic Opportunity, Amicus Curiae, represented by Matthew S. Hellman

New York City Municipal Labor Committee, Amicus Curiae, represented by Alan M. Klinger

New York City Sergeants Benevolent Association, Amicus Curiae, represented by Stephen P Younger

Professors Cynthia L. Estlund, Samuel Estreicher, Julius G. Getman, William B. Gould IV, Michael C. Harper, and Theodore J. St. Antoine, Amicus Curiae, represented by Samuel Estreicher

Professors Eugene Volokh and William Baude, Amicus Curiae, represented by Gregory Silbert

Public Citizen, Inc., Amicus Curiae, represented by Scott Lawrence Nelson

Rebecca Friedrichs, et al., Amicus Curiae, represented by James Gideon Abernathy

Rebecca Friedrichs, et al., Amicus Curiae, represented by James G. Abernathy

Republican Current and Former State and Local Officeholders, Amicus Curiae, represented by Brianne Jenna Gorod

Senators Sheldon Whitehouse and Richard Blumenthal, Amicus Curiae, represented by Peter Karanjia

State of California, Amicus Curiae, represented by Aimee Athena Feinberg

States of New York, Alaska Connecticut Delaware Hawaii Iowa Kentucky Maine Maryland Massachusetts Minnesota New Mexico New Jersey North Carolina Oregon Pennsylvania Rhode Island Vermont Virginia and Washington and the District of Columbia, Amicus Curiae, represented by Barbara Dale Underwood

Steve Bullock, Governor of Montana, Amicus Curiae, represented by Deepak Gupta

The Becket Fund for Religious Liberty, Amicus Curiae, represented by Eric S. Baxter

the Buckeye Institute for Public Policy Solutions, Amicus Curiae, represented by John J. Park Jr.

The Buckeye Institute for Public Policy Solutions and Southeastern Legal Foundation, Amicus Curiae, represented by John Joseph Park Jr.

the Cato Institute, et al., Amicus Curiae, represented by Ilya Shapiro

The Center on National Labor Policy, Inc. & Ben Johnson, Amicus Curiae, represented by Michael Ernest Avakian

The City of New York, Amicus Curiae, represented by Richard Paul Dearing

The Competitive Enterprise Institute, Amicus Curiae, represented by Andrew M. Grossman

The National Conference on Public Employee Retirement Systems (“NCPERS”), Amicus Curiae, represented by Arthur Wei-Wei Liou

The National Fraternal Order Of Police, Amicus Curiae, represented by Larry H. James

United States, Amicus Curiae, represented by Noel J. Francisco

United States Conference of Catholic Bishops, Amicus Curiae, represented by Anthony Richard Picarello Jr.

Workers Rasheedah Gray et al, Amicus Curiae, represented by Catherine Kiley Ruckelshaus

 
Last updated: March 29, 2024