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HARTNETT v. PENNSYLVANIA STATE EDUC. ASSOCIATION

No. 19-2391.

963 F.3d 301 (2020)

Gregory J. HARTNETT; Elizabeth M. Galaska; Robert G. Brough, Jr.; John M. Cress, Appellants v. PENNSYLVANIA STATE EDUCATION ASSOCIATION; Homer-Center Education Association; Twin Valley Education Association; Ellwood Area Education Association; Homer-Center School District; Twin Valley School District; Ellwood City Area School District.

United States Court of Appeals, Third Circuit.

Filed: June 25, 2020.

Attorney(s) appearing for the Case

Milton L. Chappell , National Right to Work Legal Defense Foundation, 8001 Braddock Road, Suite 600, Springfield, VA 22151, David R. Osborne , Nathan J. McGrath , The Fairness Center, 500 North Third Street, 2nd Floor, Harrisburg, PA 17101, Counsel for Appellants.

Joseph F. Canamucio , Pennsylvania State Education Association, 400 North Third Street, P.O. Box 2225, Harrisburg, PA 17101, Jason Walta , Office of General Counsel, National Education Association, 1201 16th Street, NW, Room 820, Washington, DC 20036, Counsel for Appellees Pennsylvania State Education Association, Homer-Center Education Association, Twin Valley Education Association, and Ellwood Area Education Association.

Joshua D. Shapiro , Nancy A. Walker , J. Bart DeLone , Office of the Attorney General of Pennsylvania, 1600 Arch Street, Suite 300, Philadelphia, PA 19103, Counsel for Amici Governor of Pennsylvania and Attorney General of Pennsylvania.

Before: CHAGARES, RESTREPO, and BIBAS, Circuit Judges.

OPINION OF THE COURT

Just because a statute may be unconstitutional does not mean that a federal court may declare it so. If there is no real dispute over a statute's scope or enforceability, we must dismiss any suit attacking it, no matter how obvious the result may seem.

A group of public-school teachers...

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