Ivy BAILEY, et al., Plaintiffs-Appellees,
v.
Edward CALLAGHAN; Christine Derdarian; Nino Green, Defendants-Appellants.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: March 6, 2013.
Decided and Filed: May 9, 2013.
Rehearing and Rehearing En Banc Denied June 18, 2013.
Attorney(s) appearing for the Case
ARGUED: Debbie K. Taylor, Office of the Michigan Attorney General, Detroit, Michigan, for Appellants. Philip Hostak, National Education Association, Washington, D.C., for Appellees. ON BRIEF: Debbie K. Taylor, William F. Denner, Susan Przekop-Shaw, Office of the Michigan Attorney General, Detroit, Michigan, for Appellants. Philip Hostak, National Education Association, Washington, D.C., Arthur R. Przybylowicz, Michigan Education Association, East Lansing, Michigan, Andrew Nickelhoff, Sachs Waldman, P.C., Detroit, Michigan, Mark H. Cousens, Southfield, Michigan, Herbert A. Sanders, The Sanders Law Firm, P.C., Detroit, Michigan, for Appellees.
KETHLEDGE, J., delivered the opinion of the court in which GIBBONS, J., joined. STRANCH, J. (pp. 7-20), delivered a separate dissenting opinion.
United States Court of Appeals, Sixth Circuit.
OPINION
KETHLEDGE, Circuit Judge.
This case presents the question whether the federal Constitution compels Michigan's public schools to collect membership dues for unions that represent public-school employees. Enacted in 2012, Michigan's Public Act 53 provides: "A public school employer's use of public school resources to assist a labor organization in collecting dues or service fees from wages of public school...
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