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Adam Jarchow, et al. v. State Bar of Wisconsin, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 19-3444 · judgment December 23, 2019

Certiorari denied · June 1, 2020
Pre-decision estimate: 8% cert probability (95% interval 5%–15%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a dissent in the court below (flagged in the petition), and a Seventh Circuit decision below.

Question presented

In Janus v. AFSCME, 138 S. Ct. 2448 (2018), the Court held that State laws compelling public employees to subsidize the speech of labor unions violate the First Amendment, overruling Abood v. Detroit Board of Education, 431 U.S. 209 (1977). The same improperly “deferential standard” that Abood espoused underpins the two decisions of the Court—Lathrop v. Donohue, 367 U.S. 820 (1961), and Keller v. State Bar of California, 496 U.S. 1 (1990)—permitting States like Wisconsin to compel attorneys to be members of an “integrated bar” and fund its speech and advocacy on matters of substantial public concern. Accordingly, the question presented is: Whether Lathrop and Keller should be overruled and “integrated bar” arrangements like Wisconsin’s invalidated under the First Amendment.

Counsel of record

For petitioner
David B. Rivkin Jr.
Baker & Hostetler LLP

For respondent
Roberta Florence Howell
Foley & Lardner LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
5 cert-stage

Argument & decision

Decided June 1, 2020.

Proceedings

  1. Jun 01 2020
    Petition DENIED. Justice Thomas, with whom Justice Gorsuch joins, dissenting from the denial of certiorari. (Detached Opinion)
  2. May 22 2020
    DISTRIBUTED for Conference of 5/28/2020.
  3. May 18 2020
    DISTRIBUTED for Conference of 5/21/2020.
  4. May 13 2020
    Rescheduled.
  5. Apr 22 2020
    DISTRIBUTED for Conference of 5/15/2020.
  6. Apr 17 2020
    Reply of petitioners Adam Jarchow, et al. filed.
  7. Apr 03 2020
    Brief of respondents State Bar of Wisconsin, et al. in opposition filed.
  8. Mar 02 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including April 3, 2020.
  9. Feb 27 2020
    Motion to extend the time to file a response from March 4, 2020 to April 3, 2020, submitted to The Clerk.
  10. Feb 03 2020
    Brief amicus curiae of The Buckeye Institute filed.
  11. Feb 03 2020
    Brief amici curiae of State Public Policy Organizations filed.
  12. Jan 31 2020
    Brief amicus curiae of Liberty Justice Center & Mackinac Center filed.
  13. Jan 30 2020
    Brief amicus curiae of Pacific Legal Foundation filed.
  14. Jan 29 2020
    Brief amicus curiae of Lawyers United Inc. filed.
  15. Jan 23 2020
    Motion to extend the time to file a response is granted and the time is extended to and including March 4, 2020.
  16. Jan 22 2020
    Motion to extend the time to file a response from February 3, 2020 to March 4, 2020, submitted to The Clerk.
  17. Dec 31 2019
    Petition for a writ of certiorari filed. (Response due February 3, 2020)