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Dale Wendall Laue v. State Bar of California

Paid petition · Supreme Court of California, No. S280895 · judgment September 13, 2023


Certiorari denied · March 18, 2024
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

The questions presented are:

  1. Whether admission to a State Bar, or other state licensing agency, constitutes a liberty interest under the United States Constitution.

  2. Whether a strict scrutiny standard of review is required when a liberty interest is at stake and whether the applicant or the state bears the burden of proof.

  3. Whether admission or licensing standards, and any disqualifying factors, must be narrow, objec­ tive, and definite.

  4. Whether the Fourteenth Amendment allows a State Bar, or other state licensing agency, to promote diversity, equity, and inclusion (DEI) resulting in racial and gender preferences in the admission process Petitioner Dale Laue (hereinafter “Mr. Laue”) re­ spectfully requests this Court to review important questions of law related to applicants seeking admis­ sion to practice law in California. Without a bright line precedent on these questions, state licensing agencies can grant or deny a professional license for whatever racial, gender, or ideological reasons they choose with impunity. This leaves applicants with little or no legal recourse and courts with little or no guidance on these issues. These questions affect similarly situated

Counsel of record

For petitioner
Dale Wendall Laue

For respondent
Robert G. Retana
The State Bar of California

Case

Conference history
Distributed for 1 conference

Linked docket
23A505

Proceedings

  1. Mar 18 2024
    Petition DENIED.
  2. Feb 28 2024
    DISTRIBUTED for Conference of 3/15/2024.
  3. Feb 26 2024
    Waiver of right of respondent The State Bar of California to respond filed.
  4. Feb 06 2024
    Petition for a writ of certiorari filed. (Response due March 13, 2024)
  5. Dec 05 2023
    Application (23A505) granted by Justice Kagan extending the time to file until February 10, 2024.
  6. Nov 28 2023
    Application (23A505) to extend the time to file a petition for a writ of certiorari from December 12, 2023 to February 10, 2024, submitted to Justice Kagan.