Sixth Circuit Upholds Michigan’s Public Act 53 Regulating Public School Union Dues
1 min read
May 23, 2013
Michigan's Public Act 53 prohibits public-school employers from providing payroll deductions to collect union membership dues from public-school employees. A group of union and union members challenged the Act facially, alleging that it violated their federal constitutional rights.
The district court entered a preliminary injunction barring enforcement of the Act, and the State appealed. In evaluating the injunction on appeal, the U.S. Court of Appeals for the Sixth Circuit noted that when a party seeks a preliminary injunction on the basis of a potential constitutional violation, the determinative factor is often whether there is a likelihood of success on the merits.
Ultimately, the Sixth Circuit reversed the preliminary injunction, holding that the challengers' First Amendment and Equal Protection claims were without merit. On the First Amendment claim, the court held that the Act does not restrict speech and does not discriminate based upon viewpoint. The court also held that the equal-protection claim failed because there is a conceivable legitimate governmental interest in support of the classification barring public-school employers from using their resources to collect union dues.
For more information read Bailey v. Callagan, No. 12-1803 (6th Cir., May 9, 2013).
Topics
Featured Insights

In The News
Jul 16, 2026
Jennifer Driscoll Anticipates Epic Battle Between “Titans of the Antitrust Bar”

Press Release
Jul 15, 2026
Two Hinshaw Partners Recognized in Minnesota Monthly's 2026 Top Lawyers in Minnesota

Event
July 13-15, 2026
Hinshaw Proudly Sponsors 2026 Lavender Law Conference and Career Fair

Webinar
Jul 14, 2026
Scott Seaman Presents on Horizontal vs. Vertical Exhaustion of Insurance

Healthcare Alert
Jul 8, 2026
A New Era of Compliance Standards for California DSOs and MSOs After the Aspen Dental Settlement

Insights for Insurers Alert
Jul 7, 2026
What Insurers Need to Know About California’s FAIR Plan Assessment Recoupment Guidance

In The News
Jul 6, 2026
Francesco Palanda’s Practical Guide for Mitigating AI-Related Business Interruption Risk

Lawyers' Lawyer Newsletter
Jun 29, 2026
Beyond Malpractice: The Rising Threat of Privacy and Statutory Claims Against Lawyers



