Congressional Digest

Supreme Court Debates February 2007 No. 2 Vol. 10
Opinion of the Court

Political Advocacy by Unions

The Constitutionality of Unauthorized Use of Nonmembers

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Opinion of the Court

Washington Can Prohibit a Labor Union From Using Nonmembers' Fees for Political Purposes

Davenport v. Washington Education Association — This casewas granted certiorari on September 26, 2006, and was vacated and remanded onJune 14, 2007. In a 6-to-3 decision, the Court held that a State can prohibit alabor union from using nonmembers’ agency-shop fees for political purposeswithout the nonmembers’ consent. Featured in Political Advocacy by Unions,Sup. Ct. Debates (Feb. 2007).             The following is excerpted from the summary of themajority opinion written by Justice Scalia, as prepared by the Court Reporterof Decisions:             Itdoes not violate the First Amendment for a State to require its public-sectorunions to receive affirmative authorization from a nonmember…

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