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US Supreme Court: 05-1589

US Supreme Court: 05-1589

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Published by: Supreme Court on Jan 19, 2008
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Official - Subject to Final Review
IN THE SUPREME COURT OF THE UNITED STATES- - - - - - - - - - - - - - - - - xGARY DAVENPORT, ET AL., :Petitioners :v. : No. 05-1589WASHINGTON EDUCATION ASSOCIATION; :and :WASHINGTON, :Petitioner :v. : No. 05-1657WASHINGTON EDUCATION ASSOCIATION :- - - - - - - - - - - - - - - - - xWashington, D.C.Wednesday, January 10, 2007The above-entitled matter came on for oralargument before the Supreme Court of the United Statesat 11:08 a.m.APPEARANCES:ROBERT M. MCKENNA, ESQ., Attorney General, Olympia,Wash.; on behalf of Petitioners.PAUL D. CLEMENT, Solicitor General, Department ofJustice, Washington, D.C.; on behalf of the UnitedStates, as amicus curiae, supporting Petitioners.JOHN M. WEST, ESQ., Washington, D.C.; on behalf of theRespondent.1
Alderson Reporting Company
Official - Subject to Final Review
C O N T E N T SORAL ARGUMENT OF PAGEROBERT M. MCKENNA, ESQ.On behalf of the Petitioners 3ORAL ARGUMENT OFPAUL D. CLEMENT, ESQ.On behalf of the United States, as amicus curiae,supporting the Petitioners 14JOHN M. WEST, ESQ.On behalf of the Respondent 24REBUTTAL ARGUMENT OFROBERT M. MCKENNA, ESQ.On behalf of the Petitioners 482
Alderson Reporting Company
Official - Subject to Final Review
P R O C E E D I N G S(11:08 a.m.)CHIEF JUSTICE ROBERTS: We'll hear argumentnext in 05-1589, Davenport versus Washington EducationAssociation, and 05-1657 consolidated, Washington versusWashington Education Association.General McKenna.ORAL ARGUMENT OF ROBERT M. MCKENNAON BEHALF OF THE PETITIONERSMR. MCKENNA: Mr. Chief Justice, and may itplease the Court:Washington law authorizes union securityagreements which permit unions to enter into collectivebargaining agreements that require non-member employeesto pay an agency shop fee or lose their job. Theunion's authority to select these compelled fees isbased solely on statute and the subject of statutoryconditions. Section 760, as adopted by Washingtonvoters in 1992, requires unions to obtain theaffirmative consent from non-members before their feesmay be used to influence an election or operate apolitical committee. 760 serves the state's interest inelection integrity by means of ensuring that unionelection activity is funded by voluntary contributions,just like every other organization that seeks political3
Alderson Reporting Company

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