No. 19-670

Arnold Fleck v. Joe Wetch, et al.

Lower Court: Eighth Circuit
Docketed: 2019-11-26
Status: Denied
Type: Paid
Amici (4)Relisted (2) Experienced Counsel
Tags: compulsory-funding compulsory-membership first-amendment janus-v-afscme opt-out opt-out-mechanism political-activities political-speech state-bar-association union-fees
Key Terms:
FirstAmendment Privacy
Latest Conference: 2020-05-01 (distributed 2 times)
Question Presented (AI Summary)

Are laws mandating membership in a state bar association subject to the same 'exacting' First Amendment scrutiny that the Court prescribed for mandatory public-sector union fees in Janus?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Petitioner is an attorney who is required by state law to join and to fund a state bar association as a condition of practicing law. He challenged both compulsory membership and the compulsory funding of the association’s political activities under the First Amendment. This Court vacated and remanded the previous judgment against him for consideration in light of Janus v. AFSCME, 138 S. Ct. 2448 (2018), whereupon the Court of Appeals reaffirmed its prior ruling in all respects, holding that “Janus does not alter our prior decision.” Fleck v. Wetch, 937 F.3d 1112, 1118 (8th Cir. 2019) (App. 18a). The questions presented are: 1. Are laws mandating membership in a state bar association subject to the same “exacting” First Amendment scrutiny that the Court prescribed for mandatory public-sector union fees in Janus? 2. Does it violate the First Amendment to presume that an attorney is willing to pay for a bar association’s “non-chargeable” political and ideological speech, unless and until that attorney takes steps to opt out?

Docket Entries

2020-05-04
Rehearing DENIED.
2020-04-15
DISTRIBUTED for Conference of 5/1/2020.
2020-04-03
2020-03-09
Petition DENIED.
2020-02-19
DISTRIBUTED for Conference of 3/6/2020.
2020-02-17
Reply of petitioner Arnold Fleck filed. (Distributed)
2020-02-03
Brief of respondents Joe Wetch, Aubrey Fiebelkorn-Zuger, and Tony Weiler in opposition filed.
2020-01-30
Brief of respondent Petra Mandigo Hulm in opposition filed.
2019-12-26
Brief amici curiae of National Right to Work Legal Defense Foundation, Inc., et al. filed.
2019-12-26
Brief amicus curiae of 1889 Institute filed.
2019-12-19
Brief amicus curiae of Liberty Justice Center filed.
2019-12-19
Brief amicus curiae of Pacific Legal Foundation filed.
2019-12-12
Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2020.
2019-12-09
Motion to extend the time to file a response from December 26, 2019 to February 3, 2020, submitted to The Clerk.
2019-11-26
Blanket Consent filed by Petitioner, Arnold Fleck
2019-11-21
Petition for a writ of certiorari filed. (Response due December 26, 2019)

Attorneys

1889 Institute
Warren V. NorredNorred Law, PLLC, Amicus
Arnold Fleck
Timothy Mason SandefurGoldwater Institute, Petitioner
Joe Wetch, Aubrey Fiebelkorn-Zuger, and Tony Weiler
Sarah Elaine HarringtonGoldstein & Russell, P.C., Respondent
Liberty Justice Center
Daniel Robert SuhrLiberty Justice Center, Amicus
National Right to Work Legal Defense Foundation
Raymond J. LaJeunesse Jr.National Right to Work Legal Foundation, Amicus
Pacific Legal Foundation
Deborah Joyce La FetraPacific Legal Foundation, Amicus
Petra Mandigo Hulm
James Edward NicolaiNorth Dakota Office of Attorney General, Respondent