The Law, Politics, and Evidence of Friedrichs v. California Teachers Association

• In Event: Education Employment and Personnel

Abstract

In March 2017, the U.S. Supreme Court decided Friedrichs v. California Teachers Association, a case addressing the constitutionality of “agency fees” for non-union teachers in California. Although the Court’s 4-4 decision in the wake of Justice Scalia’s death upheld the constitutionality of agency fees, several similar lawsuits have been filed since then, with the hope that a nine-member Supreme Court will issue a different decision. Using legal, historical, and empirical analyses, we examine Friedrichs as part of the broad-based effort to weaken public sector unions generally and teachers unions in particular, and we assess the likely effectiveness of cases like Friedrichs, both in the legal arena and as part of a strategy for improving teacher effectiveness.

Authors

• Benjamin Michael Superfine, University of Illinois at Chicago

• Regina R. Umpstead, Central Michigan University

• David Mayrowetz, University of Illinois at Chicago

• Sarah Winchell Lenhoff, Wayne State University

• Ben Pogodzinski, Wayne State University