Terry Pell knows exactly what he will do if the now eight-member U.S. Supreme Court disposes of his challenge to labor union fees with a 4-4 tie vote.

“We will ask for a rehearing,” said Pell, president of the Center for Individual Rights, which represents teachers who object to mandatory fees in the case Friedrichs v. California Teacher Association. “The case is too important to punt away with a tie vote.”

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