Supreme Court of the United States · Official docket →
Daniel Z. Crowe, et al. v. Oregon State Bar, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-35463 · judgment February 26, 2021
Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
This Court has held that “exacting” First Amendment scrutiny applies to laws that force public employees to subsidize the speech and political activities of public sector unions. Janus v. AFSCME, 138 S. Ct. 2448, 2477 (2018). The Court has also made clear that attorneys regulated under state law are subject to “the same constitutional rule” that applies to public employees. Keller v. State Bar of California, 496 U.S. 1, 13 (1990). Oregon requires attorneys to join and pay dues to the Oregon State Bar as a condition of practicing law. The Oregon State Bar uses members’ mandatory dues to fund political and ideological speech regarding issues of law and public policy. Is the statute that compels attorneys to subsidize Oregon State Bar’s political and ideological speech subject to “exacting” scrutiny?
Counsel of record
For petitioner
Jacob H. Huebert
Goldwater institute
For respondent
Steven M. Wilker
Tonkon Torp LLP
Proceedings
- Oct 04 2021Petition DENIED.
- Sep 08 2021Supplemental brief of petitioners Daniel Crowe, et al. filed.
- Jul 02 2021Brief amicus curiae of Pelican Institute for Public Policy filed. (Distributed)
- Jul 02 2021Brief amicus curiae of Protect the 1st, Inc. filed. (Distributed)
- Jul 01 2021Brief amicus curiae of Liberty Justice Center filed. (Distributed)
- Jul 01 2021Brief amicus curiae of Mackinac Center for Public Policy filed. (Distributed)
- Jul 01 2021Brief amicus curiae of National Right to Work Legal Defense Foundation filed. (Distributed)
- Jun 30 2021DISTRIBUTED for Conference of 9/27/2021.
- Jun 30 2021Brief amicus curiae of 1889 Institute filed. (Distributed)
- Jun 29 2021Brief amici curiae of Pacific Legal Foundation, et al. filed. (Distributed)
- Jun 29 2021Brief amicus curiae of The Buckeye Institute filed. (Distributed)
- Jun 28 2021Brief amicus curiae of First Liberty Institute filed. (Distributed)
- 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)
- Jun 18 2021Brief amicus curiae of Lawyers United Inc. filed.
- Jun 03 2021Blanket Consent filed by Respondent, Oregon State Bar, et al.
- Jun 02 2021Blanket Consent filed by Petitioner, Daniel Crowe, et al.
- May 27 2021Petition for a writ of certiorari filed. (Response due July 2, 2021)