Third Bar Association Beats Back Constitutional Challenges, but Appeals Loom
Judge Joe Heaton of the U.S. District Court for the Western District of Oklahoma dismissed two claims by Oklahoma lawyer Mark Schell but allowed one to proceed.
September 18, 2019 at 06:12 PM
3 minute read
The original version of this story was published on Texas Lawyer
A federal judge in Oklahoma Wednesday partially dismissed an attorney's constitutional challenge to that state's bar association—a lawsuit that is strikingly similar to one pending against the State Bar of Texas.
The ruling dismissed two of three claims by Oklahoma attorney Mark Schell, marking the third time a state bar association has beat back similar allegations.
The attorneys bringing similar suits argue that using the bars' mandatory membership and dues to fund alleged ideological and political purposes—like advocating for gay rights—violates the Constitution's protections for free speech and freedom of association. They've initially failed with such arguments in three states, as bar associations in Oregon and North Dakota have notched rulings similar to the one in Oklahoma.
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