Supreme Court of Alabama

State Superintendent of Education v. Alabama Education Association, an Alabama Nonprofit Corporation

October 25, 20132013 Ala. LEXIS 153

Summary

The court answered two certified questions concerning the scope of an Alabama statute regulating governmental arrangements for employee payments to political organizations. It held that "or otherwise" reaches only state-facilitated payment mechanisms similar to salary deductions, while "political activity" is not limited to electioneering. Chief Justice Moore, concurring in part and dissenting in part, would have construed "political activity" as election-related to preserve the statute's constitutionality; Justice Shaw concurred only in the result, and Justice Murdock separately concurred in rejecting that constitutional-avoidance approach.