Acknowledgement of receipt (07/20/07) of judgment from Clerk, Supreme Court of Washington received.

MANDATE ISSUED.

Judgment VACATED and case REMANDED. Scalia, J., delivered the opinion of the Court, Parts I and II-A and the second paragraph of footnote 2 of which were unanimous, and the remainder of which was joined by Stevens, Kennedy, Souter, Thomas, and Ginsburg, (orders list)

Motion for leave to file a supplemental brief after argument filed by petitioner GRANTED. (orders list)

Motion for leave to file a supplemental brief after argument filed by respondent GRANTED. (orders list)

Opposition of petitioners Davenport, et al. to respondents motion for leave to file a supplemental brief after argument filed. VIDED. (Distributed)

Motion for leave to file a supplemental brief after argument filed by petitioner Washington. VIDED. (Distributed)

Motion for leave to file a supplemental brief after argument filed by respondent Washington Education Association. VIDED. (Distributed)

Argued. For petitioners: Robert M. McKenna, Attorney General, Olympia, Wash.; and Paul D. Clement, Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For respondent: John M. West, Washington, D.C.

Reply of petitioners Gary Davenport, et al. filed. (Distributed)

Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations, et al. filed. VIDED. (Distributed)

Brief of respondent Washington Education Association filed. VIDED. (Distributed)

Record received from Supreme Court of Washington. (3 boxes)

Motion for divided argument and for additional time for oral argument filed by petitioners DENIED. (orders list)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. (orders list)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED. (Distributed)

Motion for divided argument and for additional time for oral argument filed by petitioners Gary Davenport, et al. VIDED.

Extension of time within which to file respondents' brief on the merits to and including December 15, 2006. VIDED.

CIRCULATED.

Brief amici curiae of Cato Institute, et al. filed. VIDED.

Brief amicus curiae of Mackinac Center for Public Policy filed. VIDED.

Brief amicus curiae of United States filed. VIDED.

Brief amicus curiae of American Legislative Exchange Council filed. VIDED.

Brief amicus curiae of American Educators filed. VIDED.

Brief of petitioners Gary Davenport, et al. filed.

Brief amici curiae of Evergreen Freedom Foundation, et al. filed. VIDED.

Joint appendix filed. VIDED.

Brief amicus curiae of Institute for Justice filed. VIDED.

Brief amicus curiae of National Federation of Independent Business Legal Foundation filed. VIDED.

Brief amicus curiae of Campaign Legal Center filed. VIDED.

Brief amicus curiae of Pacific Legal Foundation filed. VIDED.

SET FOR ARGUMENT ON Wednesday, January 10, 2007.

Petition GRANTED. The case is consolidated with No. 05-1657 and a total of one hour is allotted for oral argument. (orders list)

DISTRIBUTED for Conference of September 25, 2006.

Reply of petitioners Gary Davenport, et al. filed.

Brief of respondent Washington Education Association in opposition filed. VIDED.

Order extending time to file response to petition to and including August 14, 2006.

Petition for a writ of certiorari filed. (Response due July 14, 2006)

Gary Davenport, et al., Petitioner, represented by Milton L. Chappell

Washington, Petitioner, represented by William B. Collins

Washington Education Association, Respondent, represented by John M. West

American Educators, Amicus Curiae, represented by Robert K. Kelner

American Federation of Labor and Congress of Industrial Organizations, et al., Amicus Curiae, represented by James B. Coppess

American Legislative Exchange Council, Amicus Curiae, represented by Donald M. Falk

Campaign Legal Center, Amicus Curiae, represented by J. Gerald Hebert

Cato Institute, et al., Amicus Curiae, represented by Erik S. Jaffe

Evergreen Freedom Foundation, et al., Amicus Curiae, represented by Eric B. Martin

Institute for Justice, Amicus Curiae, represented by William R. Maurer

Mackinac Center for Public Policy, Amicus Curiae, represented by Patrick J. Wright

National Federation of Independent Business Legal Foundation, Amicus Curiae, represented by James Bopp Jr.

Pacific Legal Foundation, Amicus Curiae, represented by Timothy M. Sandefur

United States, Amicus Curiae, represented by Paul D. Clement