Jarchow v. State Bar of Wis.
Jarchow v. State Bar of Wis.
Opinion
The petition for a writ of certiorari is denied.
Justice THOMAS, with whom Justice GORSUCH joins, dissenting from the denial of certiorari.
A majority of States, including Wisconsin, have "integrated bars." Unlike voluntary bar associations, integrated or mandatory bars require attorneys to join a state bar and pay compulsory dues as a condition of practicing law in the State. Petitioners are practicing lawyers in Wisconsin who allege that their Wisconsin State Bar dues are used to fund "advocacy and other speech on matters of intense public interest and concern." App. to Pet. for Cert. 10. Among other things, petitioners allege that the Wisconsin State Bar has taken a position on legislation prohibiting health plans from funding abortions, legislation on felon voting rights, and items in the state budget. Petitioners' First Amendment challenge to Wisconsin's integrated bar arrangement is foreclosed by
Keller v. State Bar of Cal.
,
In
Abood v. Detroit Bd. of Ed.
,
Two Terms ago, we overruled
Abood
in
Janus
v.
State
,
County
,
and Municipal Employees
, 585 U. S. ----,
Our decision to overrule Abood casts significant doubt on Keller . The opinion in Keller rests almost entirely on the framework of Abood . Now that Abood is no longer good law, there is effectively nothing left supporting our decision in Keller . If the rule in Keller is to survive, it would have to be on the basis of new reasoning that is consistent with Janus . *
*1721 Respondents argue that our review of this case would be hindered because it was dismissed on the pleadings. But any challenge to our precedents will be dismissed for failure to state a claim, before discovery can take place. And in any event, a record would provide little, if any, benefit to our review of the purely legal question whether Keller should be overruled.
Short of a constitutional amendment, only we can rectify our own erroneous constitutional decisions. We have admitted that Abood was erroneous, and Abood provided the foundation for Keller . In light of these developments, we should reexamine whether Keller is sound precedent. Accordingly, I respectfully dissent from the denial of certiorari.
Reference
- Full Case Name
- Adam JARCHOW, Et Al. v. STATE BAR OF WISCONSIN, Et Al.
- Cited By
- 6 cases
- Status
- Relating-to