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.