Supreme Court of the United States · Official docket →
Diane Gruber, et al. v. Oregon State Bar, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-35470 · judgment February 26, 2021
Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a Ninth Circuit decision below, and a dissent in the court below (flagged in the petition).
Questions presented
This case involves compelled speech of attorneys and whether that compelled speech unconstitutionally infringes upon the attorneys’ Freedom of Speech:
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Did Keller v. State Bar of California, 496 U.S. 1, 110 S. Ct. 2228, 110 L. Ed. 2d 1 (1990), actually decide that an integrated bar may use mandatory dues for germane speech or was it dictum and therefore not binding precedent?
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If Keller did actually decide that an integrated bar may use mandatory dues for germane speech, should Keller be overruled to be consistent with Janus v. AFSCME, et al., ___ U.S. ___, 138 S. Ct. 2448, 201 L. Ed. 2d 924 (2018)?
Counsel of record
For petitioner
Michael Lawrence Spencer
Michael L Spencer
For respondent
Steven M. Wilker
Tonkon Torp LLP
Proceedings
- Oct 04 2021Petition DENIED.
- Jun 30 2021DISTRIBUTED for Conference of 9/27/2021.
- Jun 25 2021Waiver of right of respondent Oregon State Bar, et al. to respond filed.
- Jun 24 2021Waiver of Oregon State Bar, et al. of right to respond not accepted for filing. (June 25, 2021)
- May 19 2021Motion to extend the time to file a response is granted and the time is extended to and including August 2, 2021.
- May 18 2021Motion to extend the time to file a response from June 1, 2021 to August 2, 2021, submitted to The Clerk.
- Apr 26 2021Petition for a writ of certiorari filed. (Response due June 1, 2021)