The Supreme Court had a busy opening day on Monday, kicking off its October 2008 term with three cases instead of two — a schedule that will continue on most argument days through November. After hearing argument in one of this term’s highly anticipated pre-emption cases, Altria v. Good, the justices considered a First Amendment case involving union fees for litigation expenses. The third case concerned federal jurisdiction over petitions to compel arbitration.
In Locke v. Karass, nonmembers of a state employees union in Maine sued over service fees paid to the national union to support litigation that did not involve or benefit the local union. The nonmembers, who are represented by the union in collective bargaining negotiations, argued that the fees for extra-unit litigation amounted to compelled speech in violation of their First Amendment rights.
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