Academic

Supreme Court Decides Case Challenging Idaho's Ban on Public Employee Payroll Deductions to Fund Union's Political Speech

By Calvin Massey

  Today, the Supreme Court decided Ysursa v. Pocatello Education Association, 07-869.  The Court upheld Idaho's ban on public employee payroll deductions to fund the political speech of the unions of which the employee is a member.  Chief Justice Roberts, writing for a majority that included Justices Scalia, Kennedy, Thomas, and Alito, stated: "Idaho?s law does not restrict political speech, but rather declines to promote that speech by allowing public employee checkoffs for political activities."  That is "reasonable in light of the State?s interest in avoiding the appearance that carrying out the public?s business is tainted by partisan political activity."  Justice Ginsburg concurred in the judgment.  Justice Breyer concurred in part and dissented in part.  Justices Stevens and Souter dissented.  Stevens thought that "[b]ecause it is clear to me that the restriction was intended to make it more difficult for unions to finance political speech, I would hold it unconstitutional in all its applications." The basis for Stevens's conclusion that the law was intended to squelch union political speech was the fact that it was codified among other provisions dealing with labor unions and that Idaho had failed to bar payroll deductions to charities.  Justice Souter agreed with Stevens that the law was viewpoint neutral.  

Full post as published by The Faculty Lounge on February 24, 2009 (boomark / email).