| No. 21-1454 | |
| Title: | The Ohio Adjutant General's Department, et al., Petitioners v. Federal Labor Relations Authority, et al. |
| Docketed: | May 17, 2022 |
| Lower Ct: | United States Court of Appeals for the Sixth Circuit |
| Case Numbers: | (20-3908) |
| Decision Date: | December 21, 2021 |
| Rehearing Denied: | February 14, 2022 |
| Questions Presented | |
| Date | Proceedings and Orders |
| May 13 2022 | Petition for a writ of certiorari filed. (Response due June 16, 2022) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Jun 08 2022 | Motion to extend the time to file a response from June 16, 2022 to July 18, 2022, submitted to The Clerk. |
| Main Document | |
| Jun 09 2022 | Motion to extend the time to file a response is granted and the time is extended to and including July 18, 2022, for all respondents. |
| Jun 16 2022 | Brief amici curiae of Mississippi, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jul 15 2022 | Brief of Milledge, Matthew Whitmore American Federation of Government Employees, Local 3970, AFL-CIO in opposition filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jul 18 2022 | Brief of respondent Federal Labor Relations Authority in opposition filed. |
| Main DocumentProof of Service | |
| Jul 25 2022 | Reply of petitioners The Ohio Adjutant General's Department, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 03 2022 | DISTRIBUTED for Conference of 9/28/2022. |
| Oct 03 2022 | Petition GRANTED limited to Question 1 presented by the petition. |
| Nov 08 2022 | Blanket Consent filed by Respondent, Federal Labor Relations Authority |
| Blanket Consent | |
| Nov 09 2022 | Brief of petitioners The Ohio Adjutant General's Department, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 09 2022 | Joint appendix filed. (Statement of costs filed) |
| Main DocumentProof of Service | |
| Nov 10 2022 | SET FOR ARGUMENT on Monday, January 9, 2023. |
| Nov 14 2022 | Blanket Consent filed by American Federation of Government Employees, Local 3970 |
| Blanket Consent | |
| Nov 15 2022 | Brief amicus curiae of America First Policy Institute filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 16 2022 | Record requested from the U.S.C.A. 6th Circuit. |
| Nov 16 2022 | Brief amici curiae of Mississippi, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 16 2022 | Brief amicus curiae of Americans for Fair Treatment filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 16 2022 | Brief amicus curiae of South Carolina filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 29 2022 | Motion for divided argument filed by American Federation of Government Employees, Local 3970. |
| Main DocumentProof of Service | |
| Dec 07 2022 | CIRCULATION |
| Dec 09 2022 | Brief of respondent American Federation of Government Employees, Local 3970 filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 09 2022 | Brief of respondent Federal Labor Relations Authority filed. (Distributed) |
| Main DocumentProof of Service | |
| Dec 16 2022 | Brief amici curiae of Military Law Scholars filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 16 2022 | Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 20 2022 | Record received from the U.S.C.A. 6th Circuit. The record has been transmitted electronically. |
| Dec 22 2022 | Reply of petitioners The Ohio Adjutant General's Department, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 23 2022 | Motion for divided argument filed by American Federation of Government Employees, Local 3970 GRANTED. |
| Jan 09 2023 | Argued. For petitioners: Benjamin M. Flowers, Solicitor General, Columbus, Ohio. For federal respondent: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For union respondent: Andres M. Grajales, Washington, D. C. |
| May 18 2023 | Adjudged to be AFFIRMED. Thomas, J. delivered the opinion of the Court, in which Roberts, C. J, and Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined. |
| Jun 20 2023 | Judgment issued. |
| Main Document |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Benjamin Michael Flowers Counsel of Record | Ohio Attorney General Dave Yost 30 E. Broad St. Columbus, OH 43215 benjamin.flowers@ohioattorneygeneral.gov | 6144668980 |
| Party name: The Ohio Adjutant General's Department, et al. | ||
| Attorneys for Respondents | ||
| Andres Myles Grajales Counsel of Record | AFGE, Office of the General Counsel 80 F Street, NW Washington, DC 20001 grajaa@afge.org | 2026396426 |
| Party name: American Federation of Government Employees, Local 3970 | ||
| Elizabeth B. Prelogar Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV | 202-514-2217 |
| Party name: Federal Labor Relations Authority | ||
| Matthew Whitmore Milledge | American Federation of Government Employees 80 F Street NW Washington, DC 20001 matthew.milledge@afge.org | 202.639.6424 |
| Party name: American Federation of Government Employees, Local 3970, AFL-CIO | ||
| Other | ||
| David Richard Dorey Counsel of Record | The Fairness Center 500 North Third Street, Suite 600B Harrisburg, PA 17101 drdorey@fairnesscenter.org | 8442931001 |
| Party name: Americans for Fair Treatment | ||
| Andrew Lyubarsky Counsel of Record | AFL-CIO 815 Black Lives Matter Plaza, NW Washington, DC 20006 alyubarsky@aflcio.org | 202-637-5115 |
| Party name: The American Federation of Labor and Congress of Industrial Organizations | ||
| Charles Rothfeld Counsel of Record | Mayer Brown LLP 1999 K St NW Washington, DC 20006 crothfeld@mayerbrown.com | 202-263-3233 |
| Party name: Military Law Scholars | ||
| James Emory Smith Jr. Counsel of Record | Rembert Dennis Building Post Office Box 11549 Columbia, SC 29211 esmith@scag.gov | 803-734-3680 |
| Party name: South Carolina | ||
| Scott Grant Stewart Counsel of Record | Mississippi Attorney General's Office P.O. Box 220 Jackson, MS 39205-0220 scott.stewart@ago.ms.gov | (601) 359-5563 |
| Party name: States of Mississippi, et al. | ||
| Craig William Trainor Counsel of Record | America First Policy Institute 1001 Pennsylvania Avenue NW, Suite 530 Washington, DC 20004 ctrainor@americafirstpolicy.com | 202-684-8361 |
| Party name: America First Policy Institute | ||