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