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Mark E. Schell v. Richard Darby, Chief Justice, Supreme Court of Oklahoma, et al.
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 20-6044 · judgment August 25, 2021
Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below.
Question presented
In Keller v. State Bar of California, 496 U.S. 1, 13 (1990), this Court held that mandatory bar dues are “subject to the same constitutional rule” as compulsory public-sector union fees. In Janus v. AFSCME, Council 31, 138 S. Ct. 2448 (2018), the Court held that compulsory public-sector union fees are subject to “exacting” First Amendment scrutiny. The question presented is: Are mandatory bar dues that subsidize the political and ideological speech of bar associations subject to “the same constitutional rule” of exacting First Amendment scrutiny that applies to compulsory union fees under Janus?
Counsel of record
For petitioner
Anthony John Dick
Jones Day
For respondent
Kieran D. Maye Jr.
Maye Law Firm
Case
Conference history
Distributed for 2 conferences
Amicus briefs
5 cert-stage
Proceedings
- Apr 04 2022Petition DENIED.
- Mar 16 2022DISTRIBUTED for Conference of 4/1/2022.
- Mar 09 2022Reply of petitioner Mark E. Schell filed.
- Feb 23 2022Brief of respondents Members of the Board of Governors of the Oklahoma Bar Association and John M. Williams, Executive Director of the Oklahoma Bar Association in opposition filed.
- Jan 12 2022Motion to extend the time to file a response is granted and the time is extended to and including February 25, 2022, for all respondents.
- Jan 11 2022Motion to extend the time to file a response from January 26, 2022 to February 25, 2022, submitted to The Clerk.
- Dec 29 2021Letter from counsel for petitioner dated December 23, 2021 received.
- Dec 27 2021Response Requested. (Due January 26, 2022)
- Dec 27 2021Brief amicus curiae of Pelican Institute for Public Policy filed.
- Dec 27 2021Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
- Dec 22 2021Brief amicus curiae of Buckeye Institute filed.
- Dec 21 2021Brief amicus curiae of Pacific Legal Foundation, et al. filed. (Distributed)
- Dec 15 2021DISTRIBUTED for Conference of 1/7/2022.
- Dec 10 2021Brief amicus curiae of Liberty Justice Center filed.
- Dec 08 2021Blanket Consent filed by Respondent, Chief Justice and Justices of the Oklahoma Supreme Court
- Dec 07 2021Blanket Consent filed by Respondent, The members of the Board of Governors of the Oklahoma Bar Association and John M. Williams, Executive Director of the Oklahoma Bar Association
- Dec 07 2021Blanket Consent filed by Petitioner, Mark E. Schell
- Dec 02 2021Waiver of right of respondents The members of the Board of Governors of the Oklahoma Bar Association and John M. Williams, Executive Director of the Oklahoma Bar Association to respond filed.
- Dec 02 2021Waiver of right of respondents Chief Justice and Justices of the Oklahoma Supreme Court to respond filed.
- Nov 22 2021Petition for a writ of certiorari filed. (Response due December 27, 2021)