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Aug 18, 2006 -- Legal Center Weekly Report: August 18, 2006 Legal Center Files U.S. Supreme Court Amicus Brief in WA v. WEA
The Legal Center on Monday filed an amicus curiae brief in support of the State of Washington's cert. petition to the U.S. Supreme Court in Washington v. Washington Education Association. The state seeks review of a state supreme court decision striking down on federal constitutional grounds a state law requiring labor unions to obtain affirmative authorization from nonmembers before using such nonmembers' "agency shop fees" (i.e., fees paid by nonmembers to cover the costs of collective bargaining) for political purposes. The state supreme court held that this state "opt-in" requirement violates the First Amendment rights of labor unions.
The Legal Center argues in its brief that the state supreme court decision directly conflicts with U.S. Supreme Court decisions upholding the longstanding federal law that prohibits unions (and corporations) from using treasury funds to influence federal elections, but allows workers to "opt-in" to supporting union political activities by making contributions to a union PAC. The Legal Center further argues that the state court decision undermines "opt-in" laws in at least 14 states.
To read the amicus brief, click here.
To read a blog posting about this case, click here.
On August 18, 2006, CLC in its capacity as co-counsel for intervening defendants Senator John McCain (R-AZ), and Representatives Tammy Baldwin (D-WI), Chris Shays (R-CT), and Marty Meehan (D-MA) filed a reply memorandum in Wisconsin Right to Life (WRTL) v. FEC regarding summary judgment. This case involves an as-applied constitutional challenge brought by WRTL to the electioneering communications provisions of the Bipartisan Campaign Reform Act (BCRA). WRTL had proposed to run ads in 2004 attacking federal candidate Senator Russ Feingold. The intervening defendants urged the three-judge court to deny WRTL's motion for summary judgment, and to grant the intervening defendants' motion for summary judgment or, in the alternative, issue judgment in their favor on the existing record.
Other co-counsel for the defendant-intervenors include: attorneys at the law firm of Wilmer Cutler Pickering Hale and Dorr; Donald Simon of Sonosky, Chambers, Sachse, Endreson and Perry; Scott Nelson of Public Citizen Litigation Group; and Fred Wertheimer of Democracy 21.
To ready the reply memo, click here.
On Aug. 16, 2006, CLC Associate Legal Counsel Paul S. Ryan addressed the National Conference of State Legislatures (NCSL) at its annual meeting in Nashville, Tennessee. At the invitation of the NCSL, Mr. Ryan spoke on the subject of 527 political organization activities in state elections, and legal options for regulating such entities' state activities.
Legal Center Blog Highlights
Each week, the Campaign Legal Center staff posts blog entries on its site, www.clcblog.org. To read this week's entries, "Turning the First Amendment on Its Head," "A Response to Reform Critics" and "A Recommended Read for the Speaker of the House," or to sign up for blog updates, click here.
To read a variety of this week's editorials and articles on campaign finance, please click here. |
