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BAILEY v. CALLAGHAN

No. 12-1803.

715 F.3d 956 (2013)

Ivy BAILEY, et al., Plaintiffs-Appellees, v. Edward CALLAGHAN; Christine Derdarian; Nino Green, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

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.

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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