Lawyers for several public school teachers in California requested [petition, PDF] on Friday that the US Supreme Court [official website] rehear the case of Friedrichs v. California Teachers Association [materials] after a ninth justice is appointed. Last month, an equally divided court affirmed [JURIST report] a 2014 decision by the US Court of Appeals for the Ninth Circuit [official website] in favor of union fees for non-union public employees. The petitioners believe the issues “are too important to leave unsettled with an affirmance by an equally divided Court, and they are guaranteed to recur in the absence of a definitive ruling.” In their petition, they urge the justices to reconsider because the union fees are of importance nationwide, affecting thousands of public employees, and the circuits are split on the issue.

Petitioner Rebecca Friedrichs is a California public school teacher who opted out of her union, the California Teachers Association [union website]. The court heard oral arguments [JURIST report] in January, and Friedrichs argued that she should not have had to affirmatively opt-out of dues to that union, as that policy did not uphold her First Amendment rights. The case arose out of a California law that upholds an opt-out policy for a portion of the fees of nonmembers. Unions cannot compel nonmembers to support its political activities, and unions must send annual notices to nonmembers itemizing the union fees. Under California law, a nonmember must affirmatively opt out yearly to avoid giving the portion of the fees they cannot be compelled to pay.