Constitutional challenge would free childcare providers from being forced to accept unwanted union ‘representation’

On December 9th, a group of New York childcare providers, with free legal assistance from National Right to Work Foundation staff attorneys, petitioned the Supreme Court to strike down a compulsory unionism scheme on First Amendment grounds. The childcare providers are challenging a New York law that empowers union officials to speak for all childcare providers, including those who have not joined and do not support the union, when bargaining with state government.

Foundation attorneys argue that the current arrangement violates the providers’ First Amendment right to choose with whom they associate to petition their government by naming a union as their state-designated lobbyist.

Recently, The Pacific Legal Foundation together with the Goldwater Institute, Fairness Center, Pioneer Institute, and Empire Center, filed an amicus brief supporting the petition, arguing that Americans cannot be compelled to speak or associate, or petition the government, against their wishes. To read the full brief please click here and to learn more about the case click here.