On March 29th, the U.S. Supreme Court deadlocked 4-4 in the case of Friedrichs v. California Teachers Association, a closely-watched case on the constitutionality of fees public unions charge non-members. In the Supreme Court, a tie has the effect of affirming a lower court decision, which in this case had gone in favor of the union. Justice Antonin Scalia, who died on February 13th, had been expected to cast the deciding vote against the union, but his death resulted in the tie. The Court’s tie decision has little precedential effect except in the U.S. Ninth Circuit Court of Appeals (out west), and, in any event, does not affect non-union employers or private employers with unions. The Court’s current lineup of eight members may well result in more tie votes until Justice Scalia is replaced.
