The so-called Paycheck Protection Act, which the 10th Circuit Court of Appeals in Denver overturned as unconstitutional on Jan. 10, again is tangled up in the courts.
The U.S. Supreme Court has agreed to hear a case out of Idaho, after that state's law, similar to Utah's, was struck down by the 9th Circuit Court of Appeals. The 10th Circuit Court has suspended action on the Utah case pending the decision of the high court.
Both appeals courts ruled that a law restricting the automatic payroll deduction of money going to the political action committees of public employee associations violated the First Amendment guarantee of free speech.
"Why should public employees have any lesser rights than anyone else?" asked Michael McCoy, UEA general counsel. "This law is clearly aimed at limiting public employees' participation in the political system."
The Idaho appeal to the Supreme Court cited a 1998 decision from the 6th Circuit Court that upheld an Ohio law restricting the automatic payroll deductions. The Supreme Court often will give a definitive ruling when the circuit courts have conflicting rulings.
While the 10th Circuit Court struck down the Utah law, the Utah Attorney General's Office filed for a rehearing of the case. But on March 31, the U.S. Supreme Court said it would hear the case out of the 9th Circuit Court. That same day, the A.G.'s Office filed for a suspension of the hearing in Utah.
"The issues are substantially the same. If the Supreme Court affirms the 9th Circuit, they will then rule on our petition for rehearing," said Thom Roberts, assistant attorney general. "If the Supreme Court reverses it, chances are the [10th] Circuit Court will reverse [its decision] on the case."
The A.G.'s Office in early June will file an amicus brief with the Supreme Court, as will the Utah Education Association. Defense of the 2001 law has cost an estimated $1 million in taxpayer money. However, the A.G.'s Office refuses to provide a calculation of how it has been spent on the case in house, saying they don't keep track of hours spent on the case.
In addition to friend-of-the-court briefs that are expected from the state of Utah and the UEA, the Utah Taxpayers Association already had filed such a brief. Maxwell Miller, a Salt Lake attorney representing the Association, told those gathered at its Taxes Now Conference on Tuesday he was optimistic about the outcome.
"I think the Supreme Court will reverse the decision and the Utah [law] will be instituted," he said.
smcfarland@sltrib.com
* The issue: In 2001, the Utah Legislature passed the so-called "Paycheck Protection Act," barring public employees unions from collecting money through payroll deductions for political activity.
* The history: The Utah Education Association challenged the law as a violation of free speech rights. The union prevailed in the district court and the 10th Circuit Court of Appeals. But now the U.S. Supreme Court has decided to hear a similar case out of Idaho.
* What's next: The Utah Attorney General's Office and the UEA will file friend-of-the-court briefs with the nation's highest court. A ruling is not expected before the fall and could come as late as next spring.
