High Court to Hear California Teachers’ Challenge to Union Dues

From KQED:

The U.S. Supreme Court will consider limiting the power of government employee unions to collect fees from non-members in a case that labor officials say could threaten membership and further weaken union clout.

The court announced Tuesday that justices will hear Friedrichs v. California Teachers Association, an appeal from a group of California teachers who say the fee requirement violates their First Amendment rights to have to pay any fees if they disagree with a union’s positions and don’t want to join it.

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California officials praise Supreme Court ruling on independent redistricting commissions

A reported by the Los Angeles Times:

Political reformers in California and Arizona and the voters who supported them won a big round at the Supreme Court on Monday, when the justices upheld the use of independent redistricting commissions to draw election districts for members of Congress.

In a 5-4 decision, the justices said the Constitution did not prevent states from taking this power away from elected politicians and lodging it in the hands of a nonpartisan board.

The goal is to prevent partisan gerrymandering where lawmakers draw safe seats for their friends and allies. Arizona’s Republican Legislature went to court to challenge the decision of their voters, but they fell one vote short at the high court. …

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CARTOON: Obamacare Ruling

Obamacare cartoon

 

Strict SF Gun Laws Survive Challenge in Courts

GunContinuing its reticence to reach beyond a landmark decision seven years ago, the Supreme Court handed a victory to tight regulations on gun use in San Francisco.

Twin ordinances

“The court on Monday let stand court rulings in favor of a city measure that requires handgun owners to secure weapons in their homes by storing them in a locker, keeping them on their bodies or applying trigger locks,” the Associated Press reported. “A second ordinance bans the sale of ammunition that expands on impact, has ‘no sporting purpose’ and is commonly referred to as hollow-point bullets.” The first ordinance passed in 2007; the second, in 1994.

The NRA and gun rights advocates had expected that the court’s 2008 decision in the District of Columbia v. Heller gave them a strong chance at overcoming the regulations. “Gun owners challenged both ordinances after the U.S. Supreme Court ruled in 2008 that the Constitution guarantees the right to possess guns at home for self-defense, then ruled in 2010 that state and local laws that substantially burdened that right were invalid,” observed the San Francisco Chronicle. “Gun groups are also relying on those rulings to challenge California’s licensing requirements for concealed weapons, and ordinances in San Francisco and Sunnyvale that ban the possession of high-capacity gun magazines.”

Failure on appeal

As Bloomberg reported, plaintiffs were convinced “that the San Francisco law was similar to the Washington, D.C., trigger-lock requirement invalidated in the high court’s 2008 decision.” But the 9th Circuit Court of Appeal ruled against them, teeing up a showdown at the Supreme Court. “The Ninth Circuit Court held that the city had a legitimate purpose in applying laws that reduce the danger of guns,” Al Jazeera America recounted, “and that while it did burden the rights of gun owners, it didn’t burden them so much they couldn’t exercise the rights to self-defense enshrined in the Second Amendment.”

“‘The record contains ample evidence that storing handguns in a locked container reduces the risk of both accidental and intentional handgun-related deaths, including suicide,’ Circuit Judge Sandra S. Ikuta wrote in the court’s opinion in March of last year.”

Among Supreme Court Justices, however, only Antonin Scalia and Clarence Thomas signaled their willingness to take the case.

“In a six-page dissent, Thomas, joined by Scalia wrote that the San Francisco gun laws are ‘in serious tension with Heller‘ and that the prior court rulings had ‘failed to protect’ the Second Amendment,” National Public Radio noted. “San Francisco’s law allows residents to use their handguns for the purpose of self-defense, but it prohibits them from keeping those handguns operable for the purpose of immediate self-defense when not carried on the person,” according to Justice Thomas.

Mixed messages

Although some legal experts immediately noted that the court’s decision raised questions about just how much protection the Second Amendment now could afford, others noted the court’s recent decision to side with the NRA in a different case.

Just last month, the court drew acclaim from the NRA for its unanimous ruling that convicted felons could sell firearms confiscated by law enforcement.

“The decision came in response to a case involving former U.S. Border Patrol agent Tony Henderson,” Western Journalism reported, “whose 19 guns were confiscated by the FBI upon his arrest on drug charges.”

“Following his guilty plea, Henderson was a felon prohibited from possessing firearms; however, he did not want to simply lose the roughly $3,500 his gun collection was worth. He petitioned a lower court in an effort to allow a third party to take possession of the guns and attempt to sell them on his behalf. That effort was unsuccessful at every stage of appeal up to the Supreme Court level.”

Originally published by CalWatchdog.com

Will young CA justices use Vergara case to audition for SCOTUS?

The Volokh Conspiracy, the wonderful legal blog founded by UCLA law professor Eugene Volokh, had a provocative post about what might happen now that Gov. Jerry Brown has named three acclaimed youngish scholars to the California Supreme Court. George Washington University law professor Orin Kerr writes:

Leondra Kruger has been confirmed to a seat on the Supreme Court of California, a position to which she was nominated by Governor Jerry Brown last month. Governor Brown previously appointed Goodwin Liu (confirmed in 2011) and Tino Cuellar (confirmed in August).

These appointments make the California Supreme Court a court of national interest, in part because a Democratic President would likely consider Brown’s picks if there is a future U.S. Supreme Court vacancy on his or her watch. Brown’s picks share diversity, elite credentials, and youth. Given that prior judicial experience is a big asset for those hoping to land on a Supreme Court shortlist — it’s not required, but it’s helpful — Brown’s nominations likely expand the set of candidates to be considered if or when there is a future SCOTUS vacancy under a Democratic president in the next few Presidential election cycles.

As the picture above suggests, Kruger has already handled big cases before SCOTUS, representing the Obama administration. If Kruger, Liu and Cuellar are intrigued by this possible promotion, that seems to make it more likely that individually or together they will stake out bold new stands on major issues. There’s a pent-up desire among millions of liberals for more Warren Court-style sweeping rulings addressing perceived issues of social justice. A Democratic president, even a center-left politician, would see appointing activist judges to the high court as an easy way to please big Dem constituencies.

Brown vs. Board of Education for 21st century?

This could bode very well for the reformers behind the Vergara vs. California case.

The trial court judge, Rolf Treu, likened state laws that funnel the worst teachers to the schools with the most troubled students to segregated schools that existed in the South before the 1954 Brown vs. Board of Education ruling, one of the most monumental in U.S. Supreme Court history. The state is now appealing Treu’s finding that teacher protection laws are unconstitutional because of their negative effect on minority students, and the case is close to certain to end up before the California Supreme Court.

If I were a CTA or CFT lawyer, this dynamic would worry me a lot — especially after reading the Vergara editorial in the most influential journal of liberal opinion, the New York Times:

The ruling opens a new chapter in the equal education struggle. It also underscores a shameful problem that has cast a long shadow over the lives of children, not just in California but in the rest of the country as well.

This article was originally published by CalWatchdog.com