Davenport v. Washington Ed. Assn.
551 U.S. ___ (2007)

Annotate this Case



GARY DAVENPORT, et al., PETITIONERS

05–1589   v.

WASHINGTON EDUCATION ASSOCIATION

WASHINGTON, PETITIONER

05–1657   v.

WASHINGTON EDUCATION ASSOCIATION

on writs of certiorari to the supreme court of washington

[June 14, 2007]

   Justice Breyer, with whom The Chief Justice and Justice Alito join, concurring in part and concurring in the judgment.

   I agree with the Court that the Supreme Court of Washington’s decision rested entirely on flawed interpretations of this Court’s agency-fee cases and our decision in Boy Scouts of America v. Dale, 530 U. S. 640 (2000). I therefore concur in the Court’s judgment, and I join Parts I and II–A and the second paragraph of n. 2 of the Court’s opinion. However, I do not join Part II–B, which addresses numerous arguments that respondent Washington Education Association raised for the first time in its briefs before this Court. See, e.g., State ex rel. Washington State Public Disclosure Comm’n v. Washington Ed. Assn., 156 Wash. 2d 543, 565, n. 6, 130 P. 3d 352, 362, n. 6, (2006) (en banc) (noting that one of these arguments was neither raised nor addressed below). I would not address those arguments until the lower courts have been given the opportunity to address them. See, e.g., National Collegiate Athletic Assn. v. Smith, 525 U. S. 459, 469–470 (1999).

Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.