Lehnert v. Ferris Faculty Association

PETITIONER: Lehnert
RESPONDENT: Ferris Faculty Association
LOCATION: Residence of Daniel and Lyrissa Touby

DOCKET NO.: 89-1217
DECIDED BY: Rehnquist Court (1990-1991)
LOWER COURT: United States Court of Appeals for the Sixth Circuit

CITATION: 500 US 507 (1991)
ARGUED: Nov 05, 1990
DECIDED: May 30, 1991

ADVOCATES:
Robert H. Chanin - on behalf of the Respondents
Raymond J. LaJeunesse, Jr. - on behalf of the Petitioners

Facts of the case

Question

Media for Lehnert v. Ferris Faculty Association

Audio Transcription for Oral Argument - November 05, 1990 in Lehnert v. Ferris Faculty Association

Audio Transcription for Opinion Announcement - May 30, 1991 in Lehnert v. Ferris Faculty Association

Harry A. Blackmun:

The second case is No. 89-1217, Lenhert against the Ferris Faculty.

This case comes to us from the Court of Appeals for the Sixth Circuit, and it concerns the propriety of the use of dues required of non-members by the respondent, Ferris Faculty Association, which serves as the exclusive bargaining representative of the faculty of Michigan's Ferris State College, a public institution.

The case did not easily lend itself to announcement from the Bench.

I think it suffices to say that certain non-member faculty objected to particular uses by the unions of their service fees and filed suit under federal statutes claiming violation of their rights under the First and Fourteenth Amendments.

The District Court held that certain of the expenditures were constitutionally chargeable to petitioners, and the Court of Appeals affirmed.

In an opinion filed with the Clerk today, we affirm that judgment in part and reverse it in part, and remand the case.

The details are complex and are revealed, we hope, by the opinion.

The Chief Justice and Justice White and Justice Stevens have joined the opinion in its entirety.

Justice Marshall has filed an opinion concurring in large part, but dissenting in part; Justice Scalia, joined by Justice O'Connor and Justice Souter, has filed an opinion concurring in the judgment in part and dissenting in part, and he is also joined in part by Justice Kennedy, and Justice Kennedy has filed an opinion concurring in the judgment in part and dissenting in part.

I think Mr. Chief Justice sorts the line up of the participants.