Law & Courts

Supreme Court Backs Idaho’s Payroll-Deduction Curb

By Mark Walsh — March 03, 2009 3 min read
  • Save to favorites
  • Print

The U.S. Supreme Court ruled last week that a state’s restriction on school district and other local government employee-payroll deductions for politics does not violate the free speech rights of unions, a decision that could lead to an increase in states’ attempts to curtail the power of public-employee unions.

The justices ruled 6-3 in a case from Idaho involving that state’s Voluntary Contributions Act, which prohibits school districts and other local government bodies from using their payroll systems to let workers voluntarily deduct money from their paychecks for political causes, such as for the unions’ political-action funds.

“Idaho’s law does not restrict political speech, but rather declines to promote that speech by allowing public-employee checkoffs for political activities,” Chief Justice John G. Roberts Jr. wrote for the majority in Ysursa v. Pocatello Education Association (Case No. 07-869). “Such a decision 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.”

The chief justice’s opinion, issued Feb. 23, was joined by Justices Antonin Scalia, Anthony M. Kennedy, Clarence Thomas, and Samuel A. Alito Jr. Justice Ruth Bader Ginsburg concurred in the outcome of the case.

Justice Stephen G. Breyer filed an opinion saying he agreed with some of the chief justice’s reasoning, but that he believed the case should be sent back to the lower courts for clarification of certain matters.

Justices John Paul Stevens and David H. Souter each filed dissenting opinions in the case, which was argued in November. (“Justices Weigh Bar on Payroll Deductions for Politics,” Nov. 12, 2008.)

“Because it is clear to me that the restriction [on payroll deductions] was intended to make it more difficult for unions to finance political speech, I would hold it unconstitutional in all its applications,” Justice Stevens said.

Five labor unions and the Idaho state AFL-CIO successfully argued in lower federal courts that a 2003 Idaho law forcing cities, counties, and school districts to eliminate a payroll deduction financing union political action committees violated the First Amendment.

Similar Laws Elsewhere

At least two other states—Ohio and Utah—have similar laws that have also faced court challenges, typically led by the teachers’ unions. In 2007, the Supreme Court, in Davenport v. Washington Education Association, upheld a Washington state law that made it more difficult for teachers’ unions to raise political funds through checkoffs. (“High Court Upholds Wash. State Law on Union Fees,” June 20, 2007.)

John Rumel, a lawyer for the Idaho Education Association, said the decision could prompt anti-labor state legislatures to eliminate payroll checkoff for political activity in hopes it would hurt unions.

But in the wake of the passage of the 2003 law, IEA members moved away from payroll deductions and toward electronic funds transfer as a means of making their political donations, the union has said.

“While we’re certainly disappointed in the outcome, we’ve moved on,” Mr. Rumel said.

The National Right to Work Legal Defense Foundation, a Springfield, Va.-based group that filed a friend-of-the-court brief on the side of Idaho, praised the court’s ruling.

“Payroll deduction should not be a constitutionally protected right,” said Stefan Gleason, vice president of the group. “We feel it’s bad public policy to have government bodies essentially be bagmen for union political monies.”

Before 2003, Idaho employers could authorize both a payroll deduction for union dues and one for union political activities through a political action committee. But the state legislature in 2003 passed the Voluntary Contributions Act, which prohibits payroll deductions for political activities.

A federal judge and the 9th U.S. Circuit Court of Appeals in San Francisco concluded that local units of government and school districts could stop making the payroll deductions, but that the state could not require that.

The unions did not appeal the elimination of the payroll deduction for state-level employees, and “we are aware of no case suggesting that a different analysis applies under the First Amendment depending on the level of government affected,” said Chief Justice Roberts.

“The ban on political payroll deductions furthers Idaho’s interest in separating the operations of government from partisan politics,” the chief justice said. “That interest extends to all public employers at whatever level of government.”

Mark Walsh is a contributing writer for Education Week. The Associated Press contributed to this story.
A version of this article appeared in the March 04, 2009 edition of Education Week as Supreme Court Backs Idaho’s Payroll-Deduction Curb

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, as well as responsible adoption.
Content provided by Lightspeed Systems
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Supreme Court Rejects Bid to Block Transgender Boy From Male Restrooms at School
A divided Supreme Court declined to pause an injunction blocking a South Carolina law as it applied to a transgender male student.
2 min read
The Supreme Court building is seen on April 30, 2025, in Washington.
The U.S. Supreme Court building is seen on April 30, 2025, in Washington. The high court recently declined to pause a ruling allowing a South Carolina transgender student to use restrooms consistent with his gender identity.
Mark Schiefelbein/AP
Law & Courts School's Confederate Name Violates Students' Free Speech, Judge Says
The district was the first to reverse course and bring back Confederate names for its schools. The litigation is ongoing.
3 min read
Stonewall Jackson High School in Shenandoah County.
The Shenandoah County, Va. school board voted in May 2024 to rename Mountain View High School as Stonewall Jackson High School and Honey Run Elementary as Ashby Lee Elementary four years after the names had been removed. Now, a judge has found the decision to rename the high school violated students' free speech rights.
<a href="https://virginiamercury.com/2025/09/10/federal-judge-says-restoring-stonewall-jackson-name-at-shenandoah-school-violates-students-rights/" target="_blank" link-data="{&quot;cms.site.owner&quot;:{&quot;_ref&quot;:&quot;00000173-0561-d1f0-a17f-adef4bee0000&quot;,&quot;_type&quot;:&quot;ae3387cc-b875-31b7-b82d-63fd8d758c20&quot;},&quot;cms.content.publishDate&quot;:1757538383770,&quot;cms.content.publishUser&quot;:{&quot;_ref&quot;:&quot;00000173-e988-d25a-a7ff-f9cb2a4c0000&quot;,&quot;_type&quot;:&quot;6aa69ae1-35be-30dc-87e9-410da9e1cdcc&quot;},&quot;cms.content.updateDate&quot;:1757538383770,&quot;cms.content.updateUser&quot;:{&quot;_ref&quot;:&quot;00000173-e988-d25a-a7ff-f9cb2a4c0000&quot;,&quot;_type&quot;:&quot;6aa69ae1-35be-30dc-87e9-410da9e1cdcc&quot;},&quot;link&quot;:{&quot;disableUtmTracking&quot;:false,&quot;target&quot;:&quot;NEW&quot;,&quot;attributes&quot;:[],&quot;url&quot;:&quot;https://virginiamercury.com/2025/09/10/federal-judge-says-restoring-stonewall-jackson-name-at-shenandoah-school-violates-students-rights/&quot;,&quot;_id&quot;:&quot;00000199-3573-d4d3-a7db-f77343390000&quot;,&quot;_type&quot;:&quot;ff658216-e70f-39d0-b660-bdfe57a5599a&quot;},&quot;linkText&quot;:&quot;Courtesy of Nathaniel Cline/Virginia Mercury&quot;,&quot;theme.brightspot-theme-default.:core:enhancement:Enhancement.hbs.enhancementAlignment&quot;:null,&quot;theme.brightspot-theme-default.:core:link:Link.hbs._template&quot;:null,&quot;theme.brightspot-theme-default.:core:link:Link.hbs.type&quot;:null,&quot;theme.brightspot-theme-default.:core:link:Link.hbs._preset&quot;:null,&quot;theme.brightspot-theme-default.:core:enhancement:Enhancement.hbs._preset&quot;:null,&quot;_id&quot;:&quot;00000199-3573-d4d3-a7db-f77342e50001&quot;,&quot;_type&quot;:&quot;809caec9-30e2-3666-8b71-b32ddbffc288&quot;}">Courtesy of Nathaniel Cline/Virginia Mercury</a>
Law & Courts Schools Sue Trump, But It's Getting Harder for Them to Recoup Money
Judges have recently ruled against districts as they challenge Ed. Dept. funding cuts and threats in court.
7 min read
Vector illustration of a man in a suit with flashlight looking into hole in the shape of a dollar sign.
DigitalVision Vectors
Law & Courts School Board Sues Trump Admin. to Defend Transgender Student Policy
The lawsuit challenges the Ed. Dept.'s finding that the district violated Title IX.
3 min read
A sign for a newly-constructed gender neutral bathroom is seen at Shawnee Mission East High School on June 16, 2023, in Prairie Village, Kan.
A sign for a newly-constructed gender neutral bathroom is seen at Shawnee Mission East High School on June 16, 2023, in Prairie Village, Kan. The Trump administration's finding that a northern Virginia school district violated Title IX by allowing students to use restrooms consistent with their gender identity is the subject of a new lawsuit.
Charlie Riedel/AP