Congressional Digest

Supreme Court Debates February 2007 No. 2 Vol. 10
Gary Davenport, Martha Lofgren, Susannah Simpson, and Tracy Wolcott

Political Advocacy by Unions

The Constitutionality of Unauthorized Use of Nonmembers

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Gary Davenport, Martha Lofgren, Susannah Simpson, and Tracy Wolcott

Petitioners

Milton L. Chappell, Counsel of Record Gary Davenport, Martha Lofgren, Susannah Simpson, and Tracy Wolcott are public school teachers in the State of Washington who chose not to join the State teacher’s union, the Washington Education Association (WEA). Like the roughly 4,000 other teachers who are not WEA members, they were required under law to pay “agency fees equal to union member dues in exchange for benefiting from collective-bargaining agreements. Under Section 760 of the Fair Campaign Practices Act of 1992, however, WEA is required to receive nonmembers’ permission before using part of their fees for political activities. In March…

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