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Tony K. McDonald, et al. v. Sylvia Borunda Firth, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-50448 · judgment July 2, 2021

Certiorari denied · April 4, 2022
Pre-decision estimate: 6% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a petition citing three to ten dissents, and counsel who has filed here before.

Question presented

Does the First Amendment prohibit a state from compelling attorneys to join and fund a state bar association that engages in extensive political and ideological activities?

Counsel of record

For petitioner
Jeffrey Matthew Harris
Consovoy McCarthy PLLC

For respondent
Thomas S. Leatherbury
Vinson & Elkins LLP

Case

Subject area
First Amendment (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Amicus briefs
8 cert-stage

Related
Vide, 21-974

Order
Order list, April 4, 2022 · Certiorari denied

Proceedings

  1. Apr 04 2022
    Petition DENIED.
  2. Mar 16 2022
    DISTRIBUTED for Conference of 4/1/2022.
  3. Feb 22 2022
    Reply of petitioners Tony K. McDonald, et al. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  4. Feb 07 2022
    Brief of respondents Sylvia Borunda Firth, et al. in opposition filed.
    Main DocumentOtherCertificate of Word CountProof of Service
  5. Jan 19 2022
    Brief amicus curiae of Americans for Prosperity Foundation filed.
    Main DocumentProof of ServiceCertificate of Word Count
  6. Jan 19 2022
    Brief amicus curiae of America First Legal Foundation filed.
    Main DocumentProof of ServiceCertificate of Word Count
  7. Jan 19 2022
    Brief amicus curiae of Liberty Justice Center filed.
    Main DocumentProof of ServiceCertificate of Word Count
  8. Jan 19 2022
    Brief amicus curiae of Texas filed.
    Main DocumentCertificate of Word CountProof of Service
  9. Jan 19 2022
    Brief amicus curiae of Protect the First Foundation filed.
    Main DocumentCertificate of Word CountProof of Service
  10. Jan 17 2022
    Brief amicus curiae of Freedom Foundation filed.
    Main DocumentProof of ServiceCertificate of Word Count
  11. Jan 17 2022
    Brief amicus curiae of Buckeye Institute filed.
    Main DocumentCertificate of Word CountProof of Service
  12. Jan 14 2022
    Brief amici curiae of Pacific Legal Foundation, et al. filed.
    Main DocumentCertificate of Word CountProof of Service
  13. Jan 11 2022
    Motion to extend the time to file a response is granted and the time is extended to and including February 7, 2022, for all respondents.
  14. Jan 07 2022
    Motion to extend the time to file a response from January 19, 2022 to February 7, 2022, submitted to The Clerk.
    Main DocumentProof of Service
  15. Dec 20 2021
    Response Requested. (Due January 19, 2022)
  16. Dec 08 2021
    DISTRIBUTED for Conference of 1/7/2022.
  17. Dec 02 2021
    Waiver of right of respondent Sylvia Borunda Firth, et al. to respond filed.
    Main Document
  18. Nov 24 2021
    Petition for a writ of certiorari filed. (Response due December 30, 2021)
    PetitionAppendixCertificate of Word CountProof of Service