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UTAH EDUC. ASS'N v. SHURTLEFF

No. 06-4142.

512 F.3d 1254 (2008)

UTAH EDUCATION ASSOCIATION; Utah State AFL-CIO; American Federation of Teachers-Utah; American Federation of State, County, and Municipal Employees Local 1004; Utah School Employees Association; and Professional Firefighters of. Utah, Plaintiffs-Appellees, v. Mark SHURTLEFF, in his official capacity as Attorney General of the State of Utah, Defendant-Appellant, and Sutherland Institute; Utah Taxpayers Association; Evergreen Freedom Foundation; Parents for Choice in Education; National Right to Work Legal Defense Foundation, Inc., Amici Curiae.

United States Court of Appeals, Tenth Circuit.

January 10, 2008.

Attorney(s) appearing for the Case

Nancy L. Kemp, Assistant Utah Attorney. General, Salt Lake City, Utah (Mark L. Shurtleff, Utah Attorney General, and Thom D. Roberts, Assistant Utah Attorney General, with her on the briefs), for Defendant-Appellant.

Jeremiah A. Collins, Bredhoff & Kaiser, P.L.L.C., Washington D.C. (Michael T. McCoy and Clover R. Meaders, Utah Education Association, Murray, Utah; Arthur F. Sandack, Salt Lake City, Utah; David J. Strom and Stephanie Baxter, Washington, D.C.; Thomas A. Woodley and Douglas L. Steele, Woodley & McGillivary, Washington, D.C.; Larry P. Weinberg, Washington, D.C., with him on the brief), for the Plaintiffs-Appellees.

Maxwell A. Miller and Scott S. Bell, Parsons Behle & Latimer, Salt Lake City, Utah, filed an amid curiae brief on behalf of Defendant-Appellant.

Before LUCERO and MURPHY, Circuit Judges, and ROBINSON, District Court Judge.

LUCERO, Circuit Judge.

Utah's Voluntary Contributions Act ("VCA") prohibits any state or local public employer from withholding voluntary political contributions from its employees' paychecks. Utah Code Ann. § 34-32-1.1. Appellees, comprising several Utah labor unions ("Unions"), assert that the VCA violates the First Amendment by restricting public employees' political speech. The district court granted their motion for summary judgment, and the state now appeals...

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