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Supreme Court Rules Against SEIU

Jun. 21, 2012 11:21am Becket Adams

The Supreme Court announced Thursday its opinion in the Knox v. Service Employees International Union (SEIU) case, ruling that the First Amendment gives state employees the right to decline to pay dues used for political advocacy by the union.

More specifically, unions in California can no longer force non-union state workers to finance political campaigns. And now the legal precedent has been set.

But how did the SEIU get away with charging non-members in the first place? Red State explains:

In California, public workers are not required to join a union. Those that do not are assessed a “fair share fee,” usually a payroll deduction remitted to the union for representing their interests in certain areas. The fee assessed is a percentage of the amount charged a union member.

Under previous Supreme Court guidance, unions are required by law to notify non-members of the fee to be assessed which is based upon an audit of the previous year’s union finances. These are called Hudson notices after an earlier Supreme Court. Persons receiving the notice then have 30 days to object to the assessment. Most notably, the fees are supposed to be used for the costs incurred by the union in collective bargaining, not political advocacy.

However, in Knox v. SEIU, the SEIU in 2005 charged union and non-union state workers an “emergency assessment” without giving proper notice or the standard 30 days to fight it.

“Knox, among others, sued the union arguing that their First and Fourteenth Amendment rights were violated in that they were not notified, via a Hudson notice, of the purpose of the special assessment, nor were they offered the 30-day opt out period,” according to Red State.

And although the SEIU was able to convince California’s left-leaning Ninth Circuit that because the original notices said assessments were “subject to change” that they were in the clear, the Supreme Court disagrees.

Justices Sotomayor and Ginsburg agreed with the judgment, written by Justice Alito, and ruled in favor of Knox. The final ruling was 7-2; Breyer dissented, joined by Kagan, according to SCOTUS blog.

Wait – Justices Sotomayor and Ginsberg ruled against the SEIU?

Whoa.

“All that money spent electing Obama, and his first SCOTUS pick rules against #SEIU,” the Washington Examiner’s David Freddoso tweeted when news of the decision broke.

Mark Mix, President of National Right to Work, issued the following statement after news of today’s ruling broke:

Today, the United States Supreme Court upheld workers’ First Amendment rights and struck down another union boss scheme to confiscate and spend state workers’ hard earned money for politics without their permission.

Attorneys from the National Right to Work Foundation…argued, and the Court agreed, that the workers should not be forced to subsidize union officials’ political spending, even for a short period of time.

The Court closed a giant loophole that allowed union bosses to confiscate money from workers’ paychecks for political spending sprees – and sent a message to union officials, once again, that forced political conformity is unconstitutional.

Read the full opinion here.

This story has been updated. Updates will be added as they become available.

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Comments (141)

Free_Man
Posted on June 21, 2012 at 12:20pm
Liberal heads are exploding all over America as we speak, if there are any left, the remainder will explode next week with the repeal of Obamacare.

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- dmerwin
  Posted on June 21, 2012 at 12:25pm
  Now we need to get all Republican governors to mirror Walker’s allowing union members to decide for themselves whether to join and bring local and state public sector compensation and benefits in line with Federal hourly wage earners.
  
  Report this comment
- TACHYON
  Posted on June 21, 2012 at 12:56pm
  I find it within myself to hope that you are correct about the healthcare bill. I just hope beyond hope that my hope is not as empty as O’s hope. HA!
  
  O Lord, we could all use a good hope and a prayer.
  
  Report this comment
- lukerw
  Posted on June 21, 2012 at 1:08pm
  California is so Fluked Up!
  
  Report this comment
- rickc34
  Posted on June 21, 2012 at 1:16pm
  hey Obama, another one bites the dust and another ones gone and another ones gone ect. get used to it America is fed up with the lies.
  
  Report this comment
- zorro
  Posted on June 21, 2012 at 1:47pm
  Will the 9th Circuit Court ever get tired of being wrong? No, no they won’t ever get tired of being wrong.
  
  Report this comment
- turkey13
  Posted on June 21, 2012 at 2:31pm
  The president should get out his pen and do an executive order overriding these turkeys right now. He needs this money right up untill November or Romney will win. Money talks and poor people walks!
  
  Report this comment
- wakeus_com
  Posted on June 21, 2012 at 2:51pm
  I have been collecting bitter tears since the Wisconsin vote. I can’t wait for next week. Bitter tears taste best.
  
  Report this comment
- shogun459
  Posted on June 21, 2012 at 3:13pm
  liberal heads can explode repeatedly as their is little inside, the damage is miminal.
  
  Report this comment
- 3monkeysmomma
  Posted on June 21, 2012 at 6:03pm
  repeal of healthcare?
  
  From your lips to Gods ears my friend…..I almost dare not dream for so much!
  
  Report this comment
- Unix
  Posted on June 21, 2012 at 6:54pm
  Sometimes, I wish those liberal heads would ACTUALLY explode Free_Man…these people [if I may so call them that], make me sick to my stomach.
  
  Report this comment
- vettwright
  Posted on June 21, 2012 at 8:56pm
  I wonder have we forgotten that we are a nation. A nation who has enemies. While I strongly believe that you reap what you sew (in regards to SEIU), I fail to see the necessity in attacking your fellow Americans. I wonder do our soldiers feel that way who are fighting wars. They are on the battle field losing limbs and lives while we sit over here on American soil publically degrading and attempting to weaken the President, showing him absoloutely no respect (something that we would have never done to a white president). Do you care anything about this country or only that a republican wins. What happens after the war is over and I am not talking about the one fought overseas. What will the world think of us. A divided nation made vulnerable, not by liberal or conservatives, but by people who do not think. People like you.
  
  Report this comment
- Bikkiboo
  Posted on June 21, 2012 at 9:17pm
  The national unions don’t usually negotiate contracts anyway. To join my local teacher’s association, I was also forced to join the state assoc. and the NEA. I could withhold an amount that was “earmarked” politics, but I’m sure the rest of the state and national money really went toward that anyway. Our contracts were negotiated by our corporation’s teacher association members – and I don’t believe the volunteer negotiating team even got paid! Thank goodness for RIGHT TO WORK!
  
  Report this comment
- Unix
  Posted on June 22, 2012 at 12:26am
  @VETTWRIGHT- you are a laugh a minute!!!! Liberals never called Bush – Hitler did they? LOL, get real pal…don’t pull the race card here my friend, we don’t like this Obama guy because of his policies, not the color of his skin, like you liberals would like to have everyone think. No OMarxist is doing his best to take us down the road to surf-dom, but you could not see that if it was right in front of your blind face!
  
  Report this comment
- Xyskalla
  Posted on June 22, 2012 at 3:11am
  Pray for God to grant wisdom to the SCOTUS.
  
  Report this comment
- happ77
  Posted on June 22, 2012 at 8:25am
  vettwright, Blah, blah, blah….Yawn.
  
  Report this comment
Daveed
Posted on June 21, 2012 at 12:14pm
Yeah!!! another blow to the corruption of the leftists! God Bless America!!!! Thank you God as you are watching out for us and heard our prayers. We are just begining. One nation under God….

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- Detroit paperboy
  Posted on June 21, 2012 at 12:22pm
  Maybe the scotus saw the Wisconsin results………
  
  Report this comment
- boomboom
  Posted on June 21, 2012 at 12:22pm
  AMEN Brother, Amen!
  
  B/T/W : NannyNannyBooBoo…HaHa.
  
  Report this comment
- marhee9
  Posted on June 21, 2012 at 12:24pm
  I couldn’t agree more Daveed, this is a huge victory for the American people. It’s completely insane that these groups talk about freedoms for the American worker, yet they attack right to work laws that give the employee a choice. Now they sue to be able to take dues from workers that don’t even belong to their union. http://www.youtube.com/watch?v=Z-WWrGHn5QQ
  
  Report this comment
- hi
  Posted on June 21, 2012 at 12:49pm
  Amen!
  
  Report this comment
- lukerw
  Posted on June 21, 2012 at 5:18pm
  If this is a Victory… then the Liberals have crushed us… into expecting NOTHING!
  
  Report this comment
- OhioRifleman
  Posted on June 22, 2012 at 6:22am
  @ Luke RW
  
  For we have been beaten so badly for so long, any small inch of victory is cause for celebration. As we move fore, victories will become larger and more meaningful, but for today we are conditioned to think defeat is the norm.
  
  All of warfare is psychological. Ours has been a psychology of loss and capitulation for decades. It is time to retake the momentun!
  
  Report this comment
thibx
Posted on June 21, 2012 at 12:12pm
unions destroy. look at europe and at the states they take your money and do what they want. corrupt politians have gone along with the unions for years to line their own pockets. most union thugs need to be in jail. corrupt politians take money from the tax payer and give it to unions members. myself i am tired of them. it is not my job to pay your health care and retirement it is yours.

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garbagecanlogic
Posted on June 21, 2012 at 12:12pm
No matter how sh*tty the rest of my day is, this makes it right. To bad, so sad, I’m glad – seiu!

Praise Be To Obama. Psalm 109:8

The U.N. Out Of The U.S.
The U.S. Out Of The U.N.

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Gonzo
Posted on June 21, 2012 at 12:09pm
Tough stretch of luck for the communist party USA. Hooray!

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- HKS
  Posted on June 21, 2012 at 12:18pm
  I wonder if they really care, voter fraud is illegal as well but they just keep doing it. Their all about “make me.”
  
  Report this comment
- Shasta
  Posted on June 21, 2012 at 1:30pm
  @HKS, I see your point. But any and all of the methods of corruption that the unions use to get their way, requires money. Becuase of this ruling, the unions will have a lot less of it. It is a good day.
  
  Report this comment
BLACKDIAMONDSKIER
Posted on June 21, 2012 at 12:07pm
I thought extortion was a criminal offense in our country. I guess every now and then we need a reminder that the same methods frequently used by organized crime can be transformed into what is now called “union dues”.

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jblovesAmerica
Posted on June 21, 2012 at 12:00pm
As SEIU has been exposed-most citizens as well as Union members have had enough.
How can some Union Leader determine without feedback-from dues paying members how to spend millions of THEIR MONEY.
The pendulum swings back RIGHT

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Indymaverick
Posted on June 21, 2012 at 11:52am
I bet Thistle is having a meltdown as we speak.

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Wolf73b
Posted on June 21, 2012 at 11:51am
So, Breyer and Kagan believe the following:

1. It is perfectly fine to mandate that a worker join a union as a condition of employment.
2. That union may charge whatever dues they deem appropriate.
3. The union may increase fees whenever they wish, in whatever measure they wish.
4. The union may spend those dues in whatever way they wish.

Do Breyer and Kagan believe in fairness in any way, shape or form?!?

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- Mandors
  Posted on June 21, 2012 at 12:11pm
  No. And neither believe the Constitution is a law.
  
  Report this comment
- Gonzo
  Posted on June 21, 2012 at 12:15pm
  Only in Obama’s version of fairness.
  
  Report this comment
- Mr. H.
  Posted on June 21, 2012 at 12:21pm
  Like most liberals, they believe that they know so much better than you do how to spend your money for the best benefit of a greater good for the general populace.
  
  That they will one day see themselves as others see them.
  
  Report this comment
- dmerwin
  Posted on June 21, 2012 at 12:21pm
  They believe in government enforced coercion to keep liberals in office. How else would they have received their appointments?
  
  Report this comment
- Mr. H.
  Posted on June 21, 2012 at 12:23pm
  Nice enumeration. If only everyone were so wise.
  
  Report this comment
jblovesAmerica
Posted on June 21, 2012 at 11:49am
In the Joint House BHO stuck the eye of SCOTUS with his finger.
Justices did not forget-will not forget.
BHO is alot dummer than i 1st thought.

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- barber2
  Posted on June 21, 2012 at 12:01pm
  No. Obama and the Left have always known their policies would never pass the constitutional test. That is why they trash the SCOTUS and why they play the race card, and cause incidents , like the Zimmerman case, to stir up their angry base. They are planning on riots and disorder since they can’t plan on constitutional approval. Pray.
  
  Report this comment
barber2
Posted on June 21, 2012 at 11:45am
Get ready for the Far Left Blow-back. Now we know why Obama trashed the SCOTUS during his State of the Union speech ! Our Far Left Democrats have known from the beginning that their policies would never pass the Constitutional test. Am sure that ” The Affordable Health Care ( ho.ho) Act will be shot down next. Like the Zimmerman witch hunt : riots to follow . ( the Democrats have been stirring the pot – race/ class / politics – ever since they lost the 2010 elections. Get ready folks. The Thugs are now in charge of that Party. )

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- Iamnotanumber
  Posted on June 21, 2012 at 4:39pm
  So with law enforcement, and possibly the Nat’l Guard getting called up, our boys and girls still on over watch in the middle east, who’s watching the cartels and Hezbollah in Mexico!?! That could prove to be a nasty addition to any civil unrest!!!
  
  Report this comment
TACHYON
Posted on June 21, 2012 at 11:43am
Hmmmm??? Can this roll over into my tax dollars not being used to support government spending I do not agree with?, or, at least tax dollars spent on the programs they are purported to be levied for rather than just going into the general fund?

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- CatB
  Posted on June 21, 2012 at 11:49am
  How about the FACT that Obamacare is FORCING me to support abortion? Yes I now pay part of my premium not for care for myself but for others to get an abortion .. it kicked in last month. I have NO CHOICE, but to drop my health insurance to stop paying it.
  
  Report this comment
- HorseCrazy
  Posted on June 21, 2012 at 11:58am
  CATB my feelings exactly
  
  Report this comment
- Exrepublisheep
  Posted on June 21, 2012 at 12:09pm
  If it is as you state, then it’s horrific to be forced to support abortion. But seeing as you can be nutty at times can you explain further?
  
  Report this comment
- dmerwin
  Posted on June 21, 2012 at 12:38pm
  Baby steps.
  1. Limit union money going to liberal candidates.
  2. Win those races with a conservative.
  3. Control all three branches.
  4. Lower taxes, government spending and obtain better accountability.
  
  Report this comment
ReaganBaby
Posted on June 21, 2012 at 11:39am
The only reason Sotomayor ruled against SEIU is so when it comes out she ruled in favor of Obamacare she can say see its not about politics i voted against SEIU.

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- CatB
  Posted on June 21, 2012 at 11:46am
  My thought also .. but still praying that Obamacare is ruled against … I can’t afford anymore increases in my health insurance premiums … I am at the tipping point .. soon will have none.
  
  Report this comment
- ConstitunalAmerican
  Posted on June 21, 2012 at 11:52am
  This was a planned strategy, throw the unions under the bus to keep the healthcare mandate, and help obama win re-election.
  
  Report this comment
Anonymous T. Irrelevant
Posted on June 21, 2012 at 11:36am
Great! Another victory for freedom from tyranny!
I wonder why Sotomayer went against her boss? No surprise about Kagan.

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vtxphantom
Posted on June 21, 2012 at 11:34am
These people are human too. They don’t want to be on the wrong side of history.

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- TACHYON
  Posted on June 21, 2012 at 11:40am
  Huh? What do you mean “these people”?
  
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- bumfuzeled
  Posted on June 21, 2012 at 1:23pm
  I think soto was just confused and voted the “right” way accidentally
  
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regmgr
Posted on June 21, 2012 at 11:32am
It couldn’t happen to nicer people. Something that the SEIU deserves. No more arm twisting.

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piper60
Posted on June 21, 2012 at 11:32am
I am amazed that even 2 of the usual suspects ruled against SEIU.

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IAMMADDOG
Posted on June 21, 2012 at 11:29am
I wonder how long before Sotomayor and Ginsberg get added to BO’s kill list?

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carpee
Posted on June 21, 2012 at 11:27am
1 small step forward (no pun), after Obama’s 20,000 steps backward.

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teddrunk
Posted on June 21, 2012 at 11:27am
What ruling was traded to get this one? Obamacare?

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- Chromo200
  Posted on June 21, 2012 at 11:31am
  I agree . we are in trouble.
  
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- cessna152
  Posted on June 21, 2012 at 11:38am
  I don’t know. BO has really embarrassed and ticked off SCOTUS on many occasions. I am holding hope that Obamacare will be “struck down”. We need to give this one over to God people. get on your knees and pray with family everyday about this…if we all agree to pray together daily I have seen amazing things happen.
  
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- TACHYON
  Posted on June 21, 2012 at 11:38am
  HA! I hope you are wrong.
  
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Cape_Lookout_RW_Extremist
Posted on June 21, 2012 at 11:26am
And what was Breyer and Kagan thinking?

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- barber2
  Posted on June 21, 2012 at 11:52am
  think it’s called constitutional and rational thinking….
  
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- barber2
  Posted on June 21, 2012 at 12:06pm
  My error. I misread !
  
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Tankertony
Posted on June 21, 2012 at 11:26am
SEIU, you’re next. We’re coming after you and you’re ill begotten sordid power. Two marxists even ruled against you!

Now that you can’t literally rob people of their money, behold as your coffers empty.

Tea!

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- mikem1969
  Posted on June 21, 2012 at 11:37am
  Amen. Time to root all the unions out of the public sector.
  
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getourcountryback
Posted on June 21, 2012 at 11:26am
Come on SCOTUS and the Obamacare mandate. Let’s keep this ball rolling all the way to November!

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Nathan-H
Posted on June 21, 2012 at 11:25am
Wow.. Finally some signs of Sanity.

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- HorseCrazy
  Posted on June 21, 2012 at 11:59am
  hopefully the big rulings we are all waiting for fall in line with this ruling.
  
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Rickfromillinois
Posted on June 21, 2012 at 11:23am
This has been a very bad year for the union thugs.

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- encinom
  Posted on June 21, 2012 at 11:43am
  No its been a bad year for the american worker and their rights. Only those in the 1% and the brainwashed serfs call fellow hard working americans union thugs.
  
  Report this comment
- barber2
  Posted on June 21, 2012 at 11:51am
  ENCIN: oh, my. Time to pull out that old , OWS bad math stuff ! Hey, we did the math : You Lefties are 99% baloney !
  
  Report this comment
- AvengerK
  Posted on June 21, 2012 at 11:53am
  LOL….that’s comedy gold ENCIDIOT/MONICNE/SLEAZY HIPPO.
  Do that one again..that “1%” line it’s hysterical.
  
  Report this comment
- suttonea76
  Posted on June 21, 2012 at 12:07pm
  @Encinom – Funny you should chime in and defend the indefensible. Ask yourself why FDR would indicate that public sector unions/employees do not have the right to collectively bargain since he was actually smart enough to know that liberal math doesn’t add up…even though he was very liberal. Tax dollars pay for public sector unions and workers thus a control measure must be setup to insure that spending is limited on the public sector since it must lag behind the growth of the private sector. In layman’s terms to liberals….you cannot grow the public sector without seeing a growth in the private sector since only the private sector creates wealth while the public sector depends on such wealth to occur prior to allocating more funding.
  
  Private sector workers were not affected as they aren’t forced to join unions, are not forced to be regulated and don’t lobby for subsidies. I will be teaching basic economic math to all liberals so bring your calculators and check book ledgers and we will focus on BALANCING them and the wonders that become of it. Don’t be late…..
  
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- jblovesAmerica
  Posted on June 21, 2012 at 12:14pm
  American workers-how many belong to the Unions.
  How many given the chance of not belonging-don’t
  How many Union workers will now not pay dues that go to projects that they disagree with.
  Seems the folks in Ws-Union folks have spoken loud and clear.
  There was a time, Unions might have been needed.
  
  Report this comment
- dmerwin
  Posted on June 21, 2012 at 12:29pm
  You can count on encinom(an) to spout the socialist talking points. If you have not seen the movie “Encinoman”, Pauley Shore is the brains of the operation. That gives you some perspective on who our erstwhile liberal friend models himself on.
  
  Report this comment

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