Supreme Court and Appellate Practice
Our Supreme Court practice dates back to the founding of the firm in the 1950s. For over sixty years, Bredhoff & Kaiser, PLLC has represented parties and amici before the Supreme Court in, inter alia, significant labor, First Amendment, Due Process, federalism, and civil rights cases. Among the most notable cases that the firm’s attorneys briefed and argued, for example, are the following: the case challenging President Truman’s seizure of the steel industry (Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)); the seminal Steelworkers Trilogy concerning the role of federal courts in labor arbitration (Steelworkers v. American Mfg. Co., 363 U.S. 564 (1960), Steelworkers v. Warrior & Gulf Navigating Co. 363 U.S. 574 (1960) and Steelworkers v. Enterprise Wheel & Car Corp., 363 U.S. 593 (1960)); the leading OSHA occupational exposure to toxic substances cases – the cotton dust and benzene standards (Industrial Union Department v. American Petroleum Institute, 448 U.S. 607 (1980) and American Textile Mfr. Inst. v. Donovan, 452 U.S. 490 (1981)); the landmark case on remedies for constitutional violations (Mt. Healthy City Board of Education v. Doyle, 429 U.S. 274 (1977)); the landmark, private sector affirmative action case (Steelworkers v. Weber 443 U.S. 193 (1979)); and the famous case of Silkwood v. Kerr McGee464 U.S. 238 (1984).
In more recent years, we represented parties in Simmons-Harris v. Zelman 536 U.S. 639 (2002), an Establishment Clause challenge to Ohio’s private school voucher program; New York Times v. Tasini, 533 U.S. 483 (2001), vindicating the intellectual property rights of freelance journalists whose articles are placed in newspaper databases; Bartnicki v. Vopper, 532 U.S. 514 (2001) resolving the clash between First Amendment and privacy interests arising out of an intercepted cell phone call; Kimel v. Florida Board of Regents, 528 U.S. 62 (2000) setting the parameters of the right of state employees to sue state agencies for monetary relief under the federal Age Discrimination in Employment Act; Alden v. Maine, 527 U.S. 706 (1999) involving a similar claim under the Fair Labor Standards Act; Davenport v. Washington Education Association, 551 U.S. 177 (2007) challenging the constitutionality of a state law requiring affirmative authorization for the use of union monies in state election campaigns; and a series of cases involving unions that collect agency fees from nonmember employees, including Lehnert v. Ferris Faculty Association, 500 U.S. 507 (1991); Locke v. Karass, 555 U.S. 207 (2009); and Knox v. Service Employees International Union, Local 1000, 567 U.S. ___, 132 S. Ct. 2277 (2012) .
In addition to these and many other Supreme Court cases argued by the firm’s attorneys, we have represented amici curiae in scores of other Supreme Court cases, involving such issues as affirmative action in college admissions and public employment, the constitutionality of the Pledge of Allegiance in public school, whether the First Amendment protects public employees when their jobs involve speech, whether teachers who complain about unequal athletic programs for female students are protected against retaliation, issues of federalism, and issues under the Takings Clause.
In the lower federal appellate courts and in state supreme courts and appellate courts, our practice is active as well. The hundreds of appellate cases we have handled include cases in every United States Court of Appeals and in many state appellate courts. The issues in these cases are widely diverse, including a broad range of constitutional issues, civil rights issues, RICO issues, labor and ERISA issues, administrative law issues, other statutory issues, and common law issues.