Kochs Come Up Empty With Friedrichs, But Pledge To Fight On

March 31, 2016

In spite of the coordinated attacks by anti-worker forces, led by those in the Koch Network, public employees were handed a major–if temporary–victory with the Supreme Court’s 4-4 ruling in Friedrichs v. California Teachers Association. 
The reaction from the Koch-world was predictably coordinated and unsurprisingly negative. The Cato Institute’s policy analyst Jason Bedrick denounced the ruling, claiming that the ruling preserved, “a system that violates the rights of workers and reduces the quality of children’s education.” Bedrick lamented that, “But for Justice Scalia’s untimely death, the Friedrichs plaintiffs would have won.”
It is no secret that the Kochs had a direct hand in getting the Friedrichs case to the High Court. Using their ‘dark money’ channels–Donors Capital Fund and Donor’s Trust–the Kochs have a long documented history of providing financial support to The Center for Individual Rights,the conservative D.C. law firm that represented the plaintiff.   

Koch-backed groups lined up accordingly. The Cato Institute submitted an amicus brief claiming that public-sector union dues were a violation of the First Amendment. A litany of groups under the State Policy Network–an umbrella network of Koch groups pushing the ALEC agenda at the state level–also filed briefs to the court. 

Despite the 4-4 decision on Friedrichs, it won’t discourage the Koch network from continuing their assault on workers’ rights. Immediately following the ruling, Americans For Prosperity policy director Akash Chougule made it clear that the Kochs will, “Continue to fight,” to undermine workers’ rights. Similarly, State Policy Network events manager Sharon Millhollin stated that her group was, “Not giving up,” on Friedrichs, and, “just taking the next step.” 

The Koch empire will stop at nothing to undermine workers’ protections in their march to enact so-called “right to work” legislation across the country. It is clear that they consider Friedrichs a mere setback against their radical anti-worker agenda.

Koch Network On Friedrichs V. California Teachers Association

Koch Network Reactions To Friedrichs V. California Teachers Association Decision

Cato Institute Policy Analyst Jason Bedrick At Liberty Blog Headline: “Friedrichs Decision Is A Blow Against Educational Excellence[.]” [Cato.org/blog, 3/29/16]

Cato Institute Policy Analyst Jason Bedrick: Had It Not Been For “Justice Scalia’s Untimely Death, The Friedrichs Plaintiffs Would Have Won” But “Instead, Half The States Are Stuck With A System That Violates The Rights Of Workers And Reduces The Quality Of Children’s Education, At Least For The Foreseeable Future.” According to a blog post by Cato Institute policy analyst Jason Bedrick for Cato’s At Liberty Blog, “But for Justice Scalia’s untimely death, the Friedrichs plaintiffs would have won. Instead, half the states are stuck with a system that violates the rights of workers and reduces the quality of children’s education, at least for the foreseeable future.” [Cato.org/blog, 3/29/16]

American Commitment President Phil Kerpen Called NBC News Reporter Luke Russert Ignorant Or Mendacious For Saying That GOP Opposition To The Nomination Of Judge Merrick Garland Led To A “Big Win For Unions” In Friedrichs V. California Teachers Association. According to a tweet by American Commitment president Phil Kerpen, “Is this ignorance or mendacity? [NBC NEWS REPORTER LUKE RUSSERT:] Effect of #GOP opposition to Judge Garland—big win for unions” [Phil Kerpen – Twitter, 3/29/16]

AFP Policy Director Akash Chougule: It Was Too Bad SCOTUS Did Not Strike Down Forced Union Dues For Friedrichs “But We Will Continue To Fight.” According to a tweet by AFP policy director Akash Chougule, “It is too bad #SCOTUS did not strike down forced union dues for #Friedrichs. But we will continue to fight for & win #RightToWork in states.” [Akash Chougule – Twitter, 3/28/16]

  • Chougule Tweeted That Despite The Friedrichs Decision, The “Forced Dues Cartel” Of Unions Was “Crumbling As States Across The Country” Passed Right To Work Laws. According to a tweet by AFP policy director Akash Chougule, “Unions are celebrating their forced dues cartel lives another day, but it’s crumbling as states across the US pass #RightToWork. #Friedrichs” [Akash Chougule – Twitter, 3/29/16]
State Policy Network Events Manager Sharon Milhollin Tweeted The State Policy Network Was “Not Giving Up” On Friedrichs V. California Teachers Association, “Just Taking The Next Step.” According to a tweet by State Policy Network events manager Sharon Milhollin, “Not giving up… Just taking the next step!! #IStandWithRebecca #SPN #WorthTheFight   [STATE POLICY NETWORK:] Supreme Court’s tie vote upholds public employee fees for unions sacb.ee/5RPq #Friedrichs” [Sharon Milhollin – Twitter, 3/29/16]

Background On Koch Network Involvement With Friedrichs V. California Teachers Association

Cato Institute Anti-Union Efforts In The CA Teachers Association Supreme Court Case

The Cato Institute Filed An Amicus Brief With The Supreme Court Supporting The Petitioners Who Claim That “Public-Sector Union Dues Violate The First Amendment.” According to a blog post by Cato Institute policy analyst Jason Bedrick for Cato’s Cato At Liberty blog, “The U.S. Supreme Court announced that it would hear Friedrichs v. California Teachers Association, which asks the court to consider whether compulsory public-sector union dues violate the First Amendment right to free speech–which includes the right to be free from compulsory speech. The Cato Institute filed an amicus brief supporting the petitioners’ request that SCOTUS hear the case.” [Cato.org/blog, 6/30/15]

Cato Institute Policy Analyst Jason Bedrick: This Public-Sector Union Case “Would Be A Major Blow To The Teachers Unions–Significantly Reducing Their Revenue And Their Political Clout.” According to a blog post by Cato Institute policy analyst Jason Bedrick for Cato’s Cato At Liberty blog, “At least five justices appear inclined to hold that public sector collective bargaining is inherently political and that forcing someone to contribute toward it would violate the First Amendment right to be free from compulsory speech. If so, it would be a major blow to the teachers unions–significantly reducing their revenue and their political clout–and therefore a major victory for education reform.” [Cato.org/blog, 6/30/15]

Cato Institute Policy Analyst Jason Bedrick And Senior Fellow Ilya Shapiro: The Teachers’ Union Case Before The Supreme Court Could “Eliminate A Longstanding Violation Of Citizens’ First Amendment Rights.” According to an opinion by Cato Institute Policy analyst Jason Bedrick and senior fellow Ilya Shapiro for the Washington Examiner, “As the nation debates the implications of the latest round of Supreme Court decisions, the court is already preparing a new slate for next term. Among the many cases on the docket, one stands out for its potential to eliminate a longstanding violation of citizens’ First Amendment rights and pave the way for education reform. In Friedrichs v. California Teachers Association, the Supreme Court will consider the constitutionality of state laws that compel public-sector workers to financially support unions.” [Jason Bedrick and Ilya Shapiro – Washington Examiner, 7/9/15]

State Policy network Members Filed Amicus Briefs In Support Of CIR

Center For Media And Democracy: The State Policy Network Organized A Rally To Show Support For California Teacher Rebecca Friedrichs On The Steps Of The Supreme Court On January 11, 2016. According to a State Policy Network flyer, “Friedrichs v. CTA[,] U.S. Supreme Court[,] Monday, January 11th[.] Join us to show your support for California teacher Rebecca Friedrichs and teachers across the county who deserve the right to decide for themselves whether or not they want to belong to and financially support a union.” [State Policy Network via Center for Media and Democracy, accessed 1/11/16]

  • CMD: Groups That Filed Amicus Curiae Briefs In Support Of The “Anti-Union” Position Of The Center For Individual Rights Are The Mackinac Center, Goldwater Institute, Buckeye Institute, And Freedom Foundation. According to the Center for Media and Democracy, “The groups lining up in support of CIR’s position with a raft of amicus briefs are largely funded by the same deep-pocketed, right-wing donors. […] Dozens of groups have filed amicus curiae briefs in support of the anti-union position. […] Mackinac Center for Public Policy […]Goldwater Institute […] Buckeye Institute for Public Policy Solutions […] Freedom Foundation” [Center for Media and Democracy, 1/8/16]
AFP Hosted The Named Plaintiff In Friedrichs v. California Teachers Association On A Podcast

AFP’s “Prosperity Podcast” Featured Rebecca Friedrich From The Friedrichs V. California Teachers Association Case. According to a post on the Americans for Prosperity website, “Rebecca Friedrichs is an ordinary elementary school teacher in California who decided she was fed up paying for speech she didn’t believe in. With the help of the nonprofit Center for Individual Rights and her attorney Terry Pell, her case against the California Teachers Association’s forced union dues made it all the way to the United States Supreme Court, where they delivered oral arguments last month. Find out why this is such an important case and what the unfortunate passing of Justice Scalia means for its future prospects.” Friedrichas appeared on the podcast. [Americans for Prosperity, 2/29/16]

Center For Individual Rights Involvement With Friedrichs, Despite Denial

The Case Was Brought By The Center For Individual Rights. According to the New York Times, “The challenge to nearly 40 years of legal precedent on public sector union fees has shined a particular spotlight on a group of libertarian-minded public interest lawyers known as the Center for Individual Rights, which has organized the case but is little known outside Washington and right-of-center legal circles. The center is backed financially by a number of prominent conservative foundations, and the case has generated considerable interest on the right. […] The Center for Individual Rights traces its history to the late 1980s, after conservative philanthropists and activists had spent years lamenting the ineffectiveness of the right’s public interest law firms.” [New York Times, 1/9/16]

CIR Koch Funding

The Center For Individual Rights Received $585,500 From Donors Capital Fund From 2003-2012. According to a web post from Conservative Transparency, the Center for Individual Rights received $585,500 from Donors Capital Fund from 2003-2012. [Conservative Transparency, Accessed 8/31/15]

The Center For Individual Rights Received $86,300 From Donors Trust From 2006-2011. According to a web post from Conservative Transparency, the Center for Individual Rights received $86,300 from Donors Trust from 2006-2011. [Conservative Transparency, Accessed 8/31/15]

The Center For Individual Rights Received $40,000 From The Claude R. Lambe Charitable Foundation In 1997. According to a web post from Conservative Transparency, the Center for Individual Rights received $40,000 from the Claude R. Lambe Charitable Foundation in 1997. [Conservative Transparency, Accessed 8/31/15]

Paid for by American Bridge 21st Century Foundation