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Harris v. Quinn - Post-Decision SCOTUScast

SCOTUScast 7-28-14 featuring Andrew Grossman
Andrew Grossman July 28, 2014

On June 30, 2014, the Supreme Court heard oral argument in Harris v. Quinn. The central question in this case concerned whether a state can, consistent with the First and Fourteenth Amendments to the Constitution, compel in-home care providers paid for through Medicare, also known as “personal assistants” or “PAs,” to financially support a union to be their exclusive representative with respect to employment-related collective bargaining.

In an opinion delivered by Justice Alito, the Court held by a vote of 5-4 that the First Amendment prohibits the collection of an agency fee from PAs who do not want to join or support the union. Chief Justice Roberts, and Justices Scalia, Kennedy, and Thomas joined the opinion of the Court. Justice Kagan wrote a dissenting opinion, joined by Justices Ginsburg, Breyer, and Sotomayor. The decision of the Seventh Circuit was reversed in part, affirmed in part, and remanded.

To discuss the case, we have Andrew Grossman who is an Associate at Baker & Hostetler LLP and Adjunct Scholar at the Cato Institute.

Who Judges Who is a Judge? - Podcast

Administrative Law & Regulation and Federalism & Separation of Powers Practice Groups Podcast
Kristin E. Hickman, Tuan Samahon July 18, 2014

At bottom, in Kuretski v. Commissioner, presidential power is at stake. Judges of the U.S. Tax Court (26 USC 7443(f)), were arguably characterized by the U.S. Supreme Court, in Freytag v. Commissioner, as exercising a portion of the judicial power of the United States. Recently, however, the D.C. Circuit Court of Appeals disagreed when it found that the Tax Court exercises only executive power. What are the implications of the D.C. Circuit Court’s opinion on the president’s removal power? Has the D.C. Circuit misread Freytag, or faithfully applied it?

  • Prof. Kristin E. Hickman, Harlan Albert Rogers Professor in Law, University of Minnesota Law School
  • Prof. Tuan Samahon, Professor of Law, Villanova University School of Law