Supreme Court of the United States · Official docket →
Daniel Z. Crowe, et al. v. State Bar of Oregon, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-35193 · judgment August 28, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
In Keller v. State Bar of California, 496 U.S. 1, 13-14 (1990), this Court held that it is constitutional for states to require attorneys to join and pay annual dues to bar associations if the bar engages only in conduct germane to regulation of lawyers or improving the quality of legal services. In doing so, it relied on Abood v. Detroit Board of Education, 431 U.S. 209 (1977). But in Janus v. AFSCME, 585 U.S. 878, 886 (2018), this Court overruled Abood. Now, there is an avowed circuit split between the Fifth and Ninth Circuits over whether forcing attorneys to join bar associations that engage in nongermane conduct necessarily violates the attorneys’ free association rights. The questions presented are:
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W hether compelled membership in a bar association that engages in nongermane activities is necessarily unconstitutional, as the Fifth Circuit held and the Ninth Circuit rejected.
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Whether this Court should reconsider Keller in light of Janus, and require the activities of a mandatory bar association to satisfy at least exacting scrutiny.
Counsel of record
For petitioner
Scott Day Freeman
Goldwater Institute
For respondent
Kristin Mariko Asai
Holland & Knight LLP
Proceedings
- Jun 30 2025Petition DENIED.
- Jun 10 2025DISTRIBUTED for Conference of 6/26/2025.
- Jun 06 2025Reply of petitioners Daniel Z. Crowe, et al. filed. (Distributed)
- May 27 2025Brief of respondents State Bar of Oregon, et al. in opposition filed.
- Apr 24 2025Brief amicus curiae of Liberty Justice Center filed.
- Apr 24 2025Brief amicus curiae of Freedom Foundation filed.
- Apr 24 2025Brief amicus curiae of First Liberty Institute filed.
- Apr 24 2025Brief amici curiae of The Buckeye Institute, et al. filed.
- Apr 23 2025Brief amicus curiae of Wisconsin Institute for Law & Liberty, Inc. filed.
- Apr 21 2025Motion to extend the time to file a response is granted in part and the time is extended to and including May 27, 2025.
- Apr 21 2025Brief amicus curiae of Mackinac Center for Public Policy filed.
- Apr 17 2025Motion to extend the time to file a response from April 24, 2025 to May 30, 2025, submitted to The Clerk.
- Mar 21 2025Petition for a writ of certiorari filed. (Response due April 24, 2025)
- Jan 17 2025Application (24A702) granted by Justice Kagan extending the time to file until March 21, 2025.
- Jan 13 2025Application (24A702) to extend the time to file a petition for a writ of certiorari from January 20, 2025 to March 21, 2025, submitted to Justice Kagan.