IDAHO BLDG. v. BUILDERS & CONTRACTORS ASS'N

Nos. 11-35985, 12-35051.

801 F.3d 950 (2015)

IDAHO BUILDING AND CONSTRUCTION TRADES COUNCIL, AFL-CIO; Southwest Idaho Buildings and Construction Trades Council, AFL-CIO, Plaintiffs-Appellees, v. INLAND PACIFIC CHAPTER OF ASSOCIATED BUILDERS AND CONTRACTORS, INC., Applicant-in-Intervention-Appellant, v. Lawrence G. Wasden, in his official capacity as Attorney General of the State of Idaho; Tim Mason, in his official capacity as Administrator of the Division of Public Works, Defendants-Appellees. Idaho Building and Construction Trades Council, AFL-CIO; Southwest Idaho Buildings and Construction Trades Council, AFL-CIO, Plaintiffs-Appellees, v. Lawrence G. Wasden, in his official capacity as Attorney General of the State of Idaho; Tim Mason, in his official capacity as Administrator of the Division of Public Works, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submitted and Filed September 16, 2015.


Attorney(s) appearing for the Case

Judd H. Lees (argued), Williams, Kastner & Gibbs PLLC, Seattle, WA, for Applicant-in-Intervention-Appellant.

James M. Piotrowski (argued), Alan Herzfled , and Marty Durand , Herzfeld & Piotrowski LLP, Boise, ID; Terry R. Yellig , Victoria L. Bor , and Esmerelda Aguilar , Sherman, Dunn, Cohen, Leifer & Yellig, P.C., Washington, D.C., for Plaintiffs-Appellees.

Clay R. Smith , Deputy Attorney General (argued), Steven L. Olsen , Chief of Civil Litigation, Brian P. Kane , Assistant Chief Deputy Attorney General, and Lawrence G. Wasden , Attorney General, Boise, ID, for Defendants-Appellants/Defendants-Appellees.

Judd H. Lees (argued), Williams, Kastner & Gibbs PLLC, Seattle, WA; Maurice Baskin , Venable LLP, Washington, D.C., for Amici Curiae Associated Builders and Contractors, Inc. and Inland Pacific Chapter of the Associated Builders and Contractors, Inc.

William L. Messenger , National Right to Work Legal Defense Foundation, Springfield, VA, for Amicus Curiae National Right to Work Legal Defense Foundation.

Opinion by Judge BERZON; Concurrence by Judge BERZON.


OPINION

Idaho has banned "job targeting" or "market recovery" programs. Construction unions have developed such programs to increase their members' access to work and stem the long-term decline in the percentage of construction workers represented by unions. Under...

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