The State Bar Association is filing a conditional cross petition to issue a certificate to the U.S. Supreme Court

The Board of Trustees of the State Bar of Texas filed a conditional cross-petition to issue a certiorari to the U.S. Supreme Court in response to the plaintiffs’ filings in McDonald lawsuit challenging the mandatory bar.

The plaintiffs in this case filed a charge of certiorari on 24 November. The bar association’s conditional cross-claim claims that the applicants’ claim should be rejected; however, if the petition is upheld, the court should consider whether the Texas State Bar Association is a government agency for the purposes of government speech doctrine and is not subject to review under the Free Amendment provisions of the First Amendment.

Go here to see all the submissions in the case and find an overview of similar lawsuits against other mandatory bars.

David Berry

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