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

Mathematics Live Online Discussion A Seat at the Table: Breaking the Cycle: How Districts are Turning around Dismal Math Scores
Math myth: Students just aren't good at it? Join us & learn how districts are boosting math scores.
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
Student Achievement Webinar
How To Tackle The Biggest Hurdles To Effective Tutoring
Learn how districts overcome the three biggest challenges to implementing high-impact tutoring with fidelity: time, talent, and funding.
Content provided by Saga Education
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
Student Well-Being Webinar
Reframing Behavior: Neuroscience-Based Practices for Positive Support
Reframing Behavior helps teachers see the “why” of behavior through a neuroscience lens and provides practices that fit into a school day.
Content provided by Crisis Prevention Institute

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 Oklahoma Nonbinary Student's Death Shines a Light on Families' Legal Recourse for Bullying
Students facing bullying and harassment from their peers face legal roadblocks in suing districts, but settlements appear to be on the rise
11 min read
A photograph of Nex Benedict, a nonbinary teenager who died a day after a fight in a high school bathroom, is projected during a candlelight service at Point A Gallery, on Feb. 24, 2024, in Oklahoma City. Federal officials will investigate the Oklahoma school district where Benedict died, according to a letter sent by the U.S. Department of Education on March 1, 2024.
A photograph of Nex Benedict, a nonbinary teenager who died a day after a fight in a high school restroom, is projected during a candlelight service at Point A Gallery, on Feb. 24, 2024, in Oklahoma City. Federal officials will investigate the Oklahoma school district where Benedict died, according to a letter sent by the U.S. Department of Education on March 1, 2024.
Nate Billings/The Oklahoman via AP
Law & Courts Supreme Court Declines Case on Selective High School Aiming to Boost Racial Diversity
Some advocates saw the K-12 case as the logical next step after last year's decision against affirmative action in college admissions
7 min read
Rising seniors at the Thomas Jefferson High School for Science and Technology gather on the campus in Alexandria, Va., Aug. 10, 2020. From left in front are, Dinan Elsyad, Sean Nguyen, and Tiffany Ji. From left at rear are Jordan Lee and Shibli Nomani. A federal appeals court’s ruling in May 2023 about the admissions policy at the elite public high school in Virginia may provide a vehicle for the U.S. Supreme Court to flesh out the intended scope of its ruling Thursday, June 29, 2023, banning affirmative action in college admissions.
A group of rising seniors at the Thomas Jefferson High School for Science and Technology gather on the campus in Alexandria, Va., in August 2020. From left in front are, Dinan Elsyad, Sean Nguyen, and Tiffany Ji. From left at rear are Jordan Lee and Shibli Nomani. The U.S. Supreme Court on Feb. 20 declined to hear a challenge to an admissions plan for the selective high school that was facially race neutral but designed to boost the enrollment of Black and Hispanic students.
J. Scott Applewhite/AP
Law & Courts School District Lawsuits Against Social Media Companies Are Piling Up
More than 200 school districts are now suing the major social media companies over the youth mental health crisis.
7 min read
A close up of a statue of the blindfolded lady justice against a light blue background with a ghosted image of a hands holding a cellphone with Facebook "Like" and "Love" icons hovering above it.
iStock/Getty
Law & Courts In 1974, the Supreme Court Recognized English Learners' Rights. The Story Behind That Case
The Lau v. Nichols ruling said students have a right to a "meaningful opportunity" to participate in school, but its legacy is complex.
12 min read
Associate Justice of the U.S. Supreme Court William O. Douglas is shown in an undated photo.
U.S. Supreme Court Justice William O. Douglas, shown in an undated photo, wrote the opinion in <i>Lau</i> v. <i>Nichols</i>, the 1974 decision holding that the San Francisco school system had denied Chinese-speaking schoolchildren a meaningful opportunity to participate in their education.
AP