The Supreme Court’s decision in Davenport v. Washington Education Association (June 14, 2007) has very limited practical effect and will not affect any existing union practices.

At issue in Davenport was the constitutionality of a unique feature of the Washington state campaign finance law. The state law required public sector unions to obtain the express consent of nonmember agency fee payers before spending the nonmembers’ fees in connection with state elections. That requirement was subsequently changed by the Washington legislature but that change did not moot the Davenport case because of outstanding penalties under the old law.

The Supreme Court agreed with the lower court that such individual consent by nonmembers was not required by the Supreme Court’s previous agency fee decisions which limit only the expenditure of agency fees paid by objecting nonmembers. But the Court held that an affirmative consent requirement could constitutionally be adopted by a state as a further limitation on the political use of agency fees.

 In addressing the constitutionality of the unique Washington statute, the Supreme Court emphasized that it was not deciding whether such an affirmative consent requirement would be constitutional with respect to the use of agency fees paid to private sector unions or with respect to the use of dues paid by union members.

Contact: Steve Smith (202) 637-5018