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Fleck v. Wetch

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Petition granted, judgment vacated and case remanded to the U.S. Court of Appeals for the 8th Circuit for further consideration in light of Janus v. State, County, and Municipal Employees on December 3, 2018.
Docket No. Op. Below Argument Opinion Vote Author Term
17-886 8th Cir. N/A N/A N/A N/A OT 2018

Issues: (1) Whether it violates the First Amendment for state law to presume that the petitioner consents to subsidizing non-chargeable speech by the group he is compelled to fund (an “opt-out” rule), as opposed to an “opt-in” rule whereby the petitioner must affirmatively consent to subsidizing such speech; and (2) whether Keller v. State Bar of California and Lathrop v. Donohue should be overruled insofar as they permit the state to force the petitioner to join a trade association he opposes as a condition of earning a living in his chosen profession.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 02 2017Application (17A494) to extend the time to file a petition for a writ of certiorari from November 15, 2017 to January 14, 2018, submitted to Justice Gorsuch.
Nov 06 2017Application (17A494) granted by Justice Gorsuch extending the time to file until December 15, 2017.
Dec 15 2017Petition for a writ of certiorari filed. (Response due January 22, 2018)
Jan 11 2018Motion to extend the time to file a response from January 22, 2018 to February 21, 2018, submitted to The Clerk.
Jan 12 2018Motion to extend the time to file a response is granted and the time is extended to and including February 21, 2018, for all respondents.
Jan 22 2018Motion for leave to file amicus brief filed by Pacific Legal Foundation.
Jan 22 2018Motion for leave to file amici brief filed by Kourosh Kenneth Hamidi, et al.
Feb 16 2018Waiver of right of respondent Joe Wetch, Aubrey Fiebelkorn-Zuger, and Tony Weiler to respond filed.
Mar 07 2018DISTRIBUTED for Conference of 3/23/2018.
Mar 12 2018Response Requested. (Due April 11, 2018)
Mar 16 2018Motion to extend the time to file a response from April 11, 2018 to May 10, 2018, submitted to The Clerk.
Mar 20 2018Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2018, for all respondents.
Apr 23 2018Motion to extend the time to file a response from May 10, 2018 to June 8, 2018, submitted to The Clerk.
Apr 26 2018Motion to extend the time to file a response is granted and the time is further extended to and including June 8, 2018, for all respondents.
Jun 08 2018Brief of respondents Joe Wetch, Aubrey Fiebelkorn-Zuger, and Tony Weiler in opposition filed.
Jun 08 2018Brief of respondent Penny Miller, Secretary-Treasurer of the State Board of Law Examiners in opposition filed.
Jun 22 2018Reply of petitioner Arnold Fleck filed.
Jun 27 2018DISTRIBUTED for Conference of 9/24/2018.
Oct 01 2018DISTRIBUTED for Conference of 10/5/2018.
Oct 09 2018DISTRIBUTED for Conference of 10/12/2018.
Oct 22 2018DISTRIBUTED for Conference of 10/26/2018.
Oct 29 2018DISTRIBUTED for Conference of 11/2/2018.
Nov 05 2018DISTRIBUTED for Conference of 11/9/2018.
Nov 13 2018DISTRIBUTED for Conference of 11/16/2018.
Nov 26 2018DISTRIBUTED for Conference of 11/30/2018.
Dec 03 2018Motion for leave to file amicus brief filed by Pacific Legal Foundation GRANTED.
Dec 03 2018Motion for leave to file amici brief filed by Kourosh Kenneth Hamidi, et al. GRANTED.
Dec 03 2018Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Janus v. State, County, and Municipal Employees, 585 U. S. ___ (2018).
Jan 04 2019JUDGMENT ISSUED.