Marker v. Schultz

485 F.2d 1003 (1973)

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Marker v. Schultz

United States Court of Appeals for the District of Columbia Circuit
485 F.2d 1003 (1973)

Facts

The aerospace labor market comprised union shops in which workers were required to be dues-paying members of industry labor unions. The aerospace unions engaged in partisan political campaigning, advancing positions supported by a majority of union membership. A minority group of union members (minority members) (plaintiffs) whose views conflicted with the views advanced by the unions’ political campaigns sued George Shultz, as secretary of the Department of Treasury (defendant), seeking to enjoin the Treasury from recognizing the unions’ tax-exempt status under § 501(c)(5) of the Internal Revenue Code (code). The district court dismissed the minority members’ claim, and the minority members appealed.

Rule of Law

Issue

Holding and Reasoning (Leventhal, J. )

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