No. 20-1520

Diane Gruber, et al. v. Oregon State Bar, et al.

Lower Court: Ninth Circuit
Docketed: 2021-04-30
Status: Denied
Type: Paid
Response Waived
Tags: bar-association compelled-speech constitutional-law first-amendment freedom-of-speech integrated-bar janus-v-afscme keller-v-state-bar legal-precedent mandatory-dues
Key Terms:
FirstAmendment JusticiabilityDoctri
Latest Conference: 2021-09-27
Related Cases: 20-1678 (Vide)
Question Presented (from Petition)

This case involves compelled speech of attorneys
and whether that compelled speech unconstitutionally
infringes upon the attorneys' Freedom of Speech:

1. Did Keller v. State Bar of California, 496 U.S.
1, 110 S. Ct. 2228, 110 L. Ed. 2d 1 (1990), actually decide that an integrated bar may use mandatory dues
for germane speech or was it dictum and therefore not
binding precedent?

2. If Keller did actually decide that an integrated
bar may use mandatory dues for germane speech,
should Keller be overruled to be consistent with Janus
v. AFSCME, et al., -
U.S.
—, 138 S. Ct. 2448, 201
L. Ed. 2d 924 (2018)?

Question Presented (AI Summary)

Whether compelled speech of attorneys unconstitutionally infringes upon their Freedom of Speech

Docket Entries

2021-10-04
Petition DENIED.
2021-06-30
DISTRIBUTED for Conference of 9/27/2021.
2021-06-25
Waiver of right of respondent Oregon State Bar, et al. to respond filed.
2021-05-19
Motion to extend the time to file a response is granted and the time is extended to and including August 2, 2021.
2021-05-18
Motion to extend the time to file a response from June 1, 2021 to August 2, 2021, submitted to The Clerk.
2021-04-26
Petition for a writ of certiorari filed. (Response due June 1, 2021)

Attorneys

Diane Gruber, et al.
Michael Lawrence SpencerMichael L Spencer, Petitioner
Oregon State Bar, et al.
Steven M. WilkerTonkon Torp LLP, Respondent