AKERS v. MARYLAND STATE EDUC. ASSOCIATION

No. 19-1524.

990 F.3d 375 (2021)

Ruth AKERS, on behalf of herself and all others similarly situated; Sharon Moesel, Plaintiffs-Appellants, v. MARYLAND STATE EDUCATION ASSOCIATION; Teachers Association of Baltimore County; National Education Association; Baltimore County Public Schools, as representative of the class of all school districts in Maryland; Larry Hogan, in his official capacity as governor of Maryland; Brian E. Frosh, in his official capacity as Attorney General of Maryland; Elizabeth Molina Morgan, each in their official capacities as members of the Maryland Public School Labor Relations Board; Robert I. Chanin, each in their official capacities as members of the Maryland Public School Labor Relations Board; John A. Hayden, III, each in their official capacities as members of the Maryland Public School Labor Relations Board; Donald W. Harmon, each in their official capacities as members of the Maryland Public School Labor Relations Board; Ronald S. Boozer, each in their official capacities as members of the Maryland Public School Labor Relations Board; Teachers Association of Anne Arundel County, Inc., Defendants-Appellees, and George Arlotto; Verletta White, Defendants. National Right To Work Legal Defense and Education Foundation, Inc., Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 8, 2021.


Attorney(s) appearing for the Case

ARGUED: Jonathan Franklin Mitchell , MITCHELL LAW PLLC, Austin, Texas, for Appellants. Leon Dayan , BREDHOFF & KAISER, P.L.L.C., Washington, D.C., for Appellees. ON BRIEF: Ryan R. Dietrich , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees Larry Hogan, in his official capacity as governor of Maryland; Brian E. Frosh, in his capacity as Attorney General of Maryland; and Elizabeth Molina Morgan, Robert I. Chanin, John A. Hayden, III, Donald W. Harmon, and Ronald S. Boozer, each in their official capacities as members of the Maryland Public School Labor Relations Board. Alice O'Brien , NATIONAL EDUCATION ASSOCIATION, Washington, D.C.; John M. West , Jacob Karabell , BREDHOFF & KAISER, P.L.L.C., Washington, D.C., for Appellees Maryland State Education Association, Teachers Association of Baltimore County, Teachers Association of Anne Arundel County, and National Education Association. Kristy K. Anderson , MARYLAND STATE EDUCATION ASSOCIATION, Annapolis, Maryland, for Appellees Maryland State Education Association, Teachers Association of Baltimore County, and Teachers Association of Anne Arundel County. William L. Messenger , NATIONAL RIGHT TO WORK LEGAL DEFENSE FOUNDATION, INC., Springfield, Virginia, for Amicus National Right to Work Legal Defense Foundation.

Affirmed by published opinion. Judge King wrote the opinion, in which Judge Floyd and Judge Thacker joined.


Plaintiffs Ruth Akers and Sharon Moesel — Maryland public school teachers — initiated this civil action in the District of Maryland against four public-sector teachers' unions (the "union defendants"), a county school system, and various public officials.1 Pursuant to 42 U.S.C. §...

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