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Rajeh A. Saadeh v. New Jersey State Bar Association

Paid petition · Superior Court of New Jersey, Appellate Division, No. A-2201-22 · judgment December 20, 2024


2%
estimated cert probability
(petition-stage, structural)
Conference-stage estimate: 7%
GVR risk 2%

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

Question presented

A bar association reserves leadership positions for members of specific minority groups. These set-asides violate the State’s antidiscrimination law. But below, the court deemed this otherwise illegal discrimination protected by the First Amendment because the setasides help “express” the bar association’s commitment to “diversity.” The question presented is: Whether the First Amendment overrides antidiscrimination laws when the discrimination furthers the defendant’s views about “diversity,” “equity,” or “inclusion.”

Counsel of record

For petitioner
Cameron Thomas Norris
Consovoy McCarthy PLLC

For respondent
Lawrence S. Lustberg
FBT Gibbons LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
4 cert-stage

Linked docket
25A626

Proceedings

  1. Jun 22 2026
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  2. Jun 08 2026
    Letter dated June 8, 2026 submitted by counsel for petitioner under Rule 32.3 filed. (Distributed)
  3. Jun 02 2026
    DISTRIBUTED for Conference of 6/18/2026.
  4. Jun 02 2026
    Reply of petitioner Rajeh A. Saadeh filed. (Distributed)
  5. Jun 02 2026
    Letter Requesting Lodging of Rajeh A. Saadeh not accepted for filing. (June 05, 2026) See Rule 32.3
  6. May 26 2026
    Brief of respondent NJ State Bar Assn. in opposition filed.
  7. May 26 2026
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
  8. Apr 30 2026
    Motion to extend the time to file a response is granted in part and the time is extended to and including May 26, 2026.
  9. Apr 29 2026
    Motion to extend the time to file a response from May 22, 2026 to June 22, 2026, submitted to The Clerk.
  10. Apr 29 2026
    Response to motion to extend the time to file a response from petitioner filed.
  11. Apr 14 2026
    Motion to extend the time to file a response is granted and the time is extended to and including May 22, 2026.
  12. Apr 11 2026
    Motion to extend the time to file a response from April 22, 2026 to May 22, 2026, submitted to The Clerk.
  13. Mar 24 2026
    Brief amicus curiae of Manhattan Institute filed.
  14. Mar 23 2026
    Response Requested. (Due April 22, 2026)
  15. Mar 23 2026
    Brief amicus curiae of America First Legal Foundation filed.
  16. Mar 23 2026
    Amicus brief of West Virginia and 17 Other States not accepted for filing. (To be corrected - March 25, 2026)
  17. Mar 23 2026
    Brief amici curiae of West Virginia, et al. filed. (Corrected)
  18. Mar 17 2026
    DISTRIBUTED for Conference of 4/2/2026.
  19. Mar 17 2026
    Brief amici curiae of Students for Fair Admissions, et al. filed. (Distributed)
  20. Mar 13 2026
    Waiver of right of respondent NJ State Bar Assn. to respond filed.
  21. Feb 13 2026
    Petition for a writ of certiorari filed. (Response due March 26, 2026)
  22. Jan 09 2026
    Application (25A626) granted by Justice Alito extending the time to file until February 16, 2026.
  23. Jan 06 2026
    Application (25A626) to extend further the time from January 17, 2026 to February 16, 2026, submitted to Justice Alito.
  24. Dec 01 2025
    Application (25A626) granted by Justice Alito extending the time to file until January 17, 2026.
  25. Nov 24 2025
    Application (25A626) to extend the time to file a petition for a writ of certiorari from December 18, 2025 to January 20, 2026, submitted to Justice Alito.