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Constitutional Law Keyed to Gershman
Harris v. Quinn
Facts
In Illinois, Medicaid recipients that would typically require institutional care are permitted to hire personal assistants (PAs) to provide that care in their home. These recipients are called customers and control most aspects of the employment relationship with the PAs, such as hiring, firing, and supervising. The PAs are paid by the State of Illinois. Illinois law permits collective bargaining through unions by public employees. If public employees are represented by a bargaining unit, such as a union, all those public employees, including nonmembers, are required to pay dues to the unit. In 2003, Illinois passed a statute declaring that PAs were public employees solely for the purpose of collective bargaining. Subsequently, SEIU Healthcare Illinois & Indiana (Defendant) became the bargaining unit for Illinois PAs. These PAs paid more than $3.6 million per year in dues to Defendant. A group of PAs (Plaintiffs) brought a class-action suit against Defendant, alleging that the requirement for non-members to pay dues to the union violated the First Amendment. The district court dismissed the claims, and the United States Court of Appeals for the Seventh Circuit upheld the statutes. Plaintiffs petitioned the United States Supreme Court for review.
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