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MENTELE v. INSLEE

No. 16-35939.

916 F.3d 783 (2019)

Cynthia MENTELE, Plaintiff, and Katherine Miller, Plaintiff-Appellant, v. Jay INSLEE, in His Official Capacity as Governor of the State of Washington; Kevin W. Quigley, in His Official Capacity as Director of the Washington State Office of Financial Management; David Schumacher, in His Official Capacity as Director of the Washington State Office of Financial Management; Service Employees International Union, Local 925, a Labor Organization, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 26, 2019.

Attorney(s) appearing for the Case

Milton L. Chappell (argued), National Right to Work Legal Foundation, Inc., Springfield, Virginia; James G. Abernathy and David M.S. Dewhirst , Freedom Foundation, Olympia, Washington; for Plaintiff-Appellant.

Callie A. Castillo (argued), Deputy Solicitor General; Gina L. Comeau and Alicia O. Young , Assistant Attorneys General; Robert W. Ferguson , Attorney General; Attorney General's Office, Olympia, Washington; for Defendants-Appellees Jay Inslee, Kevin W. Quigley, and David Schumacher.

Scott A. Kronland (argued), Altshuler Berzon LLP, San Francisco, California; Schwerin Campbell Barnard and Robert H. Lavitt , Iglitzin & Lavitt LLP, Seattle, Washington; for Defendant-Appellee Service Employees International Union Local 925.

Concurrence by Judge Graber.

OPINION

The State of Washington authorized the Service Employees International Union Local 925 (SEIU) to act as the exclusive collective bargaining representative for Washington's publicly subsidized childcare providers. Katherine Miller, a Washington childcare provider, challenges that arrangement as an infringement...

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