Harris v. Quinn
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-681 | 7th Cir. | Jan 21, 2014 | Jun 30, 2014 | 5-4 | Alito | OT 2013 |
Disclosure: Kevin Russell of Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, was among the counsel on an amicus brief in support of the respondent in Harris.
Holding: The First Amendment prohibits the collection of an agency fee from the plaintiffs in this case, home health care providers who do not wish to join or support a union.
Judgment: Reversed in part, affirmed in part, and remanded, 5-4, in an opinion by Justice Alito on June 30, 2014. Justice Kagan filed a dissenting opinion in which Justice Ginsburg, Justice Breyer, and Justice Sotomayor joined.
SCOTUSblog Coverage
- Harris v. Quinn Symposium: Court departs from federalism, First Amendment jurisprudence (Catherine Fisk, July 3, 2014)
- Harris v. Quinn symposium: Decision will affect workers & limit states ability to effectively manage their workforces (Charlotte Garden, July 2, 2014)
- Harris v. Quinn symposium: A quiet blockbuster? (Tom McCarthy and Samuel B. Gedge, July 2, 2014)
- Harris v. Quinn Symposium: The coming conflict in public employee speech law and the immediate risks to people with disabilities (Samuel Bagenstos, July 1, 2014)
- Harris v. Quinn Symposium: Abood and the limits of cognitive dissonance (Jason Walta, July 1, 2014)
- Harris v. Quinn symposium: A preview of things to come (Terry Pell, July 1, 2014)
- Opinion analysis: A ruling inviting a plea to overrule (Lyle Denniston, June 30, 2014)
- A "view" from the Court: Justice Alito has his day in finale (Mark Walsh, June 30, 2014)
- Harris v. Quinn Symposium: Abood and the walking dead (John Eastman, June 30, 2014)
- Argument recap: Public employee unionism under fire (Lyle Denniston, January 21, 2014)
- Argument preview: Is Abood in trouble? (Lyle Denniston, January 18, 2014)
| Date | Proceedings and Orders |
|---|---|
| 11/29/2011 | Petition for a writ of certiorari filed. (Response due January 4, 2012) |
| 12/22/2011 | Order extending time to file response to petition to and including February 3, 2012, for all respondents. |
| 12/30/2011 | Waiver of right of respondent Pat Quinn, Governor of Illinois to respond filed. |
| 01/04/2012 | Motion for leave to file amici brief filed by Center for Constitutional Jurisprudence, et al.. |
| 01/04/2012 | Brief amici curiae of Cato Institute, et al. filed. |
| 02/03/2012 | Brief of respondent SEIU Healthcare Illinois and Indiana, et al. in opposition filed. |
| 02/15/2012 | DISTRIBUTED for Conference of March 2, 2012. |
| 02/16/2012 | Reply of petitioners Pamela Harris, et al. filed. (Distributed) |
| 02/29/2012 | Response Requested . (Due March 30, 2012) |
| 03/19/2012 | Order extending time to file response to petition to and including April 30, 2012. |
| 04/30/2012 | Brief of respondent Pat Quinn, Governor of Illinois in opposition filed. |
| 05/10/2012 | Reply of petitioners Pamela Harris, et al. filed. |
| 05/15/2012 | DISTRIBUTED for Conference of May 31, 2012. |
| 06/25/2012 | DISTRIBUTED for Conference of June 28, 2012. |
| 06/29/2012 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 05/10/2013 | Brief amicus curiae of the United States filed. |
| 05/21/2013 | DISTRIBUTED for Conference of June 6, 2013. |
| 05/22/2013 | Supplemental brief of petitioners in response to brief amicus curiae of the United States filed. (Distributed). |
| 06/10/2013 | DISTRIBUTED for Conference of June 13, 2013. |
| 06/17/2013 | DISTRIBUTED for Conference of June 20, 2013. |
| 06/25/2013 | DISTRIBUTED for Conference of June 26, 2013. |
| 09/23/2013 | DISTRIBUTED for Conference of September 30, 2013. |
| 10/01/2013 | Motion for leave to file amici brief filed by Center for Constitutional Jurisprudence, et al. GRANTED. |
| 10/01/2013 | Petition GRANTED. |
| 10/22/2013 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including November 22, 2013. |
| 10/30/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent Quinn. |
| 10/31/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| 11/01/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents S.E.I.U. Healthcare Illinois & Indiana, et al. |
| 11/04/2013 | SET FOR ARGUMENT ON Tuesday, January 21, 2014. |
| 11/13/2013 | Record received from U.S.C.A. for 7th Circuit is electronic (Not on PACER). |
| 11/22/2013 | Joint appendix filed. (Statement of costs filed.) |
| 11/22/2013 | Brief of petitioners Pamela Harris, et al. filed. |
| 11/27/2013 | Brief amici curiae of California Public School Teachers, et al. filed. |
| 11/27/2013 | Brief amici curiae of Cato Institute, et al. filed. |
| 11/27/2013 | Brief amici curiae of Center for Constitutional Jurisprudence, et al. filed. |
| 11/27/2013 | Brief amici curiae of Family Child Care Inc., et al. filed. |
| 11/27/2013 | Brief amicus curiae of Illinois Policy Institute filed. (Distributed) |
| 11/27/2013 | Consent to the filing of amicus cuirae briefs, in support of either party or of neither party, received from counsel for respondent AFSME Council 31. |
| 11/29/2013 | Brief amici curiae of Albert Contreras, et al. filed. |
| 11/29/2013 | Brief amicus curiae of Mackinac Center for Public Policy filed. (Distributed) |
| 12/02/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Local 73, S.E.I.U. |
| 12/04/2013 | CIRCULATED. |
| 12/23/2013 | Brief of respondent SEIU Healthcare Illinois & Indiana filed. (Distributed) |
| 12/23/2013 | Brief of respondents AFSCME Council 31, and SEIU Local 73 filed. (Distributed) |
| 12/23/2013 | Brief of respondent Pat Quinn, Governor of Illinois filed. (Distributed) |
| 12/27/2013 | Brief amici curiae of American Association of People With Disabilities, et al. filed. (Distributed) |
| 12/30/2013 | Brief amicus curiae of the United States filed. (Distributed) |
| 12/30/2013 | Brief amici curiae of 21 Past Presidents of the D.C. Bar filed. (Distributed) |
| 12/30/2013 | Brief amici curiae of State of New York, et al. filed. (Distributed) |
| 12/30/2013 | Brief amici curiae of Public Safety Employees filed. (Distributed) |
| 12/30/2013 | Brief amici curiae of Labor Law Professors filed. (Distributed) |
| 12/30/2013 | Brief amicus curiae of The Paraprofessional Healthcare Institute (PHI) filed. (Distributed) |
| 12/30/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 12/30/2013 | Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed) |
| 12/30/2013 | Brief amici curiae of National Education Association, et al. filed. (Distributed) |
| 12/30/2013 | Brief amici curiae of California, et al. filed. (Distributed) |
| 12/30/2013 | Brief amici curiae of Homecare Historians filed. (Distributed) |
| 01/10/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 01/14/2014 | Reply of petitioners Pamela Harris, et al. filed. (Distributed) |
| 01/21/2014 | Argued. For petitioners: William L. Messenger, Springfield, Va. For respondents: Paul M. Smith, Washington, D. C.; and Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| 06/30/2014 | Adjudged to be REVERSED IN PART, AFFIRMED IN PART, and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. |
| 08/01/2014 | JUDGMENT ISSUED. |
Issue: (1) Whether a state may, consistent with the First and Fourteenth Amendments to the United States Constitution, compel personal care providers to accept and financially support a private organization as their exclusive representative to petition the state for greater reimbursements from its Medicaid programs; and (2) whether the lower court erred in holding that the claims of providers in the Home Based Support Services Program are not ripe for judicial review.