March 15, 2021 at 10:40 a.m.
RHS alum to argue before U.S. Supreme Court
Thompson: 'It is undoubtedly a career highlight'
RHS alum to argue before U.S. Supreme Court
By Stephanie Kuski-
Thompson, a Rhinelander High School graduate from the class of 1998, currently holds a position as the director of legal talent at the Pacific Legal Foundation in Sacramento, California. He began his tenure with the Pacific Legal team as a fellow in 2007 and through the years, he worked his way through the ranks to become a senior public interest attorney and recently transitioned to a new leadership role.
The case that will be argued before the Supreme Court later this month was originally filed in a district court in 2016, when Thompson was still working as a public interest attorney. When that case was dismissed, Thompson and his team appealed to the Ninth Circuit in 2017, but it took three years for the court to issue a decision. Because there were differing opinions on the case, Thompson and his team petitioned the Supreme Court for review in June of last year. In November they learned that the case would be heard.
"That's pretty rarely granted," Thompson commented, "and it's one of my last chances now that I'm in management and I'm not bringing cases as much anymore. I got lucky enough where the Court saw something with this case and decided to grant it. So it's a lifelong dream... and it may be my last chance for it to happen."
The case Cedar Point Nursery vs. Hassid deals with a California regulation that allows union representatives to come onto the property of agricultural businesses to recruit union members for up to three hours a day, 120 days of the year without compensation for lost worker productivity.
In the case, Thompson and his Pacific Legal team represent both Cedar Point Nursery and Fowler Packing Company, two California growers that produce fruit for millions of Americans and collectively employ approximately 3,000 California residents.
The impetus for the case occurred in the fall of 2015 during Northern California's frenzied harvest season. Thompson and his team argue that Cedar Point employees were taken aback when union representatives came onto company property yelling into bullhorns and demanding the workers unionize. Similarly, union activities tried to storm Fowler Packing Company for three straight days, and when company owners consulted with authorities to end the harassment, they were shocked to find the union is legally authorized to trespass on their private property to recruit new union members.
The regulation, however, is an artifact of the days when farm workers had little access to media or other means of communication. Thompson argues that this is an infringement upon the rights of private property owners because unions today have a myriad of ways to contact workers without coming onto their employer's property. What's more, this regulation only applies in California and only to agricultural businesses.
In this case, Thompson is arguing against the state of California on behalf of Cedar Point Nursery and Fowler Packing Company. But because this regulation applies to other contexts within the agricultural industry, if his team were to win the case, the effect could be felt statewide.
Thompson is the lead attorney on a team with three other Pacific Legal attorneys. He is responsible for submitting final drafts of the briefs as well as conducting the oral argument before the Supreme Court. After Thompson's argument is presented, he said the Supreme Court will issue a final decision by mid to late June.
"It is undoubtedly a career highlight," Thompson said. "I think it's the goal of every attorney that comes to work here: to one day get a chance to argue before the Supreme Court. I'm getting to do it before my career switches roles... I'm very pleased that I get that chance, not everybody gets that opportunity."
A small town boy who diligently worked his way through the ranks to become a big-shot attorney, Thompson said he continues to visit the Northwoods when he can and still has family residing in the area. He said he's proud to be from Rhinelander and still maintains a strong love for his hometown.
When asked what advice he would give to Rhinelander youth who aspire to argue before the Supreme Court one day, he said to fight for what you believe in and enjoy the work you do.
"Everybody has something they're passionate about," Thompson said. "I know this sounds really cliché... But it makes coming to work so much easier if you believe in what you're doing and you get joy out of it. I get a lot of satisfaction coming to work and trying to make my little difference in the world by arguing for constitutional rights and trying to win out over government overreach."
Because the Supreme Court is currently holding oral arguments telephonically due to COVID-19, the case will be live-streamed and available for the public to watch live. Those interested can watch Thompson argue before the Supreme Court at 9 a.m. (CST) on Monday, March 22 via CSPAN or http://
scotustoons.com.
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