The plaintiffs in the case of Friedrichs v. California Teachers Association argued the teachers should not be required to pay agency fees to the teachers union when they wish not to be members of the CTA and do not agree with the political positions of the union.  It asked the U.S. Supreme Court to reverse its prior 1977 decision in Abood v. Detroit Board of Education.  Abood held that the union shop, which is legal in the private sector, is also legal in the public sector. They found that non-members may be assessed dues for "collective bargaining, contract administration, and grievance adjustment purposes."  The California Teachers Association charges non-members who request not to contribute to the political activities of the CTA an amount equal to the union dues less its estimate of the funds going to political activities.  But the Friedreichs case argued that the collective bargaining of the union was inherently political.

The case was argued before the U.S. Supreme Court in January 2016.  Subsequently, Justrice Antonin Scalia died, leaving the Court with only eight members.  The Court issued a split decision in March 2016 that left the Abood decision intact.

A group of amici curiae submitted a brief to the U.S. Supreme Court in support of the plaintiff position.