Chamber of Commerce v. Brown
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 06-939 | 9th Cir. | Mar 19, 2008 | Jun 19, 2008 | 7-2 | Stevens | OT 2007 |
Holding: Sections 16645.2 and 16645.7 of California’s Assembly Bill 1889 – which, among other things, prohibits employers that receive state grants or more than $10,000 in state program funds per year from using the funds “to assist, promote, or deter union organizing” – are pre-empted by the National Labor Relations Act.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice John Paul Stevens on June 19, 2008. Justice Breyer filed a dissenting opinion, in which Justice Ginsburg joined.
SCOTUSblog Coverage
- Opinion Recap: Chamber of Commerce v. Brown (Eliza Presson, June 23, 2008)
- Court rules on self-representation; 4 workers' rights decisions (Lyle Denniston, June 19, 2008)
- Details on Oral Argument in Chamber of Commerce v. Brown (Jason Harrow, March 21, 2008)
- Argument preview: Chamber of Commerce v. Brown (Scotus Staff, March 10, 2008)
- Conference Call: Justices to Mull Labor Law Preemption Dispute (Ben Winograd, November 19, 2007)
- Government Recommends Grant in No. 06-939, Chamber of Commerce v. Brown (Ben Winograd, October 22, 2007)
Briefs and Documents
Certiorari stage
- Opinion below (Ninth Circuit)
- Petition for certiorari
- Brief in opposition
- Petitioner’s reply
- Amicus brief of Associated Builders and Contractors of California (in support of petitioner)
- Amicus brief of Associated Builders and Contractors, Inc., et al. (in support of petitioner)
- Amicus brief of National Right to Work Legal Defense Foundation (in support of petitioner)
- Amicus brief of the United States (in support of petitioner)
Merits stage
- Brief for Petitioner United States Chamber of Commerce
- Brief for State Respondent
- Brief for Respondents American Federation of Labor, Congress of Indstrial Organizations, and the California Labor Federation
Amicus briefs
- Brief for the Health Care Association of New York State, the New York Association of Homes and Services for the Aging, New York State Health Care Facilities, NYSARC, and United Cerebral Palsy Associations of New York State in Support of Petitioner
- Joint Brief for the Associated Builders and Contractors, the National Federation of Independent Business Legal Foundation, the American Health Care Association and National Center for Assisted Living, the Society for Human Resource Management, the Council on Labor Law Equality, HR Policy Association, Associated Builders and Contractors of California, and Members of the California Small Business Alliance in Support of Petitioner
- Brief for the American Hospital Association in Support of Petitioner(reprint)
- Brief for the CATO Institute in Support of Petitioner
- Brief for the United States in Support of Petitioner
- Brief for AARP, the Association for Gerontology and Human Development in Historically Black Colleges and Universities, the California Alliance for Retired Americans, the Center for Medicare Advocacy, Inc., the Gray Panthers Project Fund, the National Citizens Coalition for Nursing Home Reform, Older Women’s League, and the Paraprofessional Healthcare Institute in Support of Respondent
- Brief for the States of New York, Connecticut, Florida, Illinois, Iowa, Kentucky, Maine, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Mexico, Ohio, Oregon, Rhode Island, West Virginia, and Wyoming in Support of Respondents
