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Louis B. Antonacci v. Renu Brennan, in Her Official Capacity as Bar Counsel for the Virginia State Bar, et al.

Paid petition · Supreme Court of Virginia, No. 250106 · judgment September 8, 2025


Certiorari denied · February 23, 2026
Pre-decision estimate: 0% cert probability

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

Question presented

Whether this Court’s decision in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024) militates in favor of abrogating the prosecutorial discretion of the Virginia State Bar, and its Bar Counsel, in bringing misconduct complaints, against Virginia attorneys who are U.S. citizens, for conduct that no reasonable lawyer or layperson could deem misconduct under the Virginia Rules of Professional Conduct, because such a misconduct complaint violates the due process protections in the Fifth and Fourteen Amendments of the U.S. Constitution. Whether this Court’s decision in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024) militates in favor of abrogating the prosecutorial discretion of the Virginia State Bar, and its Bar Counsel, in bringing misconduct complaints, against Virginia attorneys who are U.S. citizens, in retaliation against that attorney for his protected, ideological speech, because such a misconduct complaint violates the due process protections in the First and Fourteen Amendments of the U.S. Constitution. Whether Virginia Rules of Professional Conduct 1.6 and/or 1.9 are unconstitutionally vague under the Fifth and Fourteenth Amendments of the U.S. Constitution, on their face or as applied, if a Virginia lawyer who is a U.S. citizen may be guilty of misconduct for disclosing allegedly “confidential” client information to support his claims in a lawsuit against that client. Whether the Virginia State Bar denied the petitioner, an attorney and U.S. citizen, due process of law under the Fifth and Fourteenth Amendments of the

Counsel of record

For petitioner
Louis Bernardo Antonacci
Antonacci PLLC

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 23 2026
    Petition DENIED.
  2. Jan 28 2026
    DISTRIBUTED for Conference of 2/20/2026.
  3. Dec 08 2025
    Petition for a writ of certiorari filed. (Response due January 9, 2026)