No. 21-779

Mark E. Schell v. Richard Darby, Chief Justice, Supreme Court of Oklahoma, et al.

Lower Court: Tenth Circuit
Docketed: 2021-11-24
Status: Denied
Type: Paid
Amici (5)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: bar-dues compulsory-fees constitutional-scrutiny exacting-scrutiny first-amendment ideological-speech mandatory-bar-dues political-speech union-fees
Key Terms:
FirstAmendment LaborRelations
Latest Conference: 2022-04-01 (distributed 2 times)
Question Presented (AI Summary)

Are mandatory bar dues that subsidize the political and ideological speech of bar associations subject to 'the same constitutional rule' of exacting First Amendment scrutiny that applies to compulsory union fees under Janus?

Question Presented (OCR Extract)

QUESTION PRESENTED In Keller v. State Bar of California, 496 U.S. 1, 18 (1990), this Court held that mandatory bar dues are “subject to the same constitutional rule” as compulsory public-sector union fees. In Janus v. AFSCME, Council 31, 138 S. Ct. 2448 (2018), the Court held that compulsory public-sector union fees are subject to “exacting” First Amendment scrutiny. The question presented is: Are mandatory bar dues that subsidize the political and ideological speech of bar associations subject to “the same constitutional rule” of exacting First Amendment scrutiny that applies to compulsory union fees under Janus?

Docket Entries

2022-04-04
Petition DENIED.
2022-03-16
DISTRIBUTED for Conference of 4/1/2022.
2022-03-09
Reply of petitioner Mark E. Schell filed.
2022-02-23
Brief of respondents Members of the Board of Governors of the Oklahoma Bar Association and John M. Williams, Executive Director of the Oklahoma Bar Association in opposition filed.
2022-01-12
Motion to extend the time to file a response is granted and the time is extended to and including February 25, 2022, for all respondents.
2022-01-11
Motion to extend the time to file a response from January 26, 2022 to February 25, 2022, submitted to The Clerk.
2021-12-29
Letter from counsel for petitioner dated December 23, 2021 received.
2021-12-27
Response Requested. (Due January 26, 2022)
2021-12-27
Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
2021-12-27
Brief amicus curiae of Pelican Institute for Public Policy filed.
2021-12-22
Brief amicus curiae of Buckeye Institute filed.
2021-12-21
Brief amicus curiae of Pacific Legal Foundation, et al. filed. (Distributed)
2021-12-15
DISTRIBUTED for Conference of 1/7/2022.
2021-12-10
Brief amicus curiae of Liberty Justice Center filed.
2021-12-08
Blanket Consent filed by Respondent, Chief Justice and Justices of the Oklahoma Supreme Court
2021-12-07
Blanket Consent filed by Petitioner, Mark E. Schell
2021-12-07
Blanket Consent filed by Respondent, The members of the Board of Governors of the Oklahoma Bar Association and John M. Williams, Executive Director of the Oklahoma Bar Association
2021-12-02
Waiver of right of respondents Chief Justice and Justices of the Oklahoma Supreme Court to respond filed.
2021-12-02
Waiver of right of respondents The members of the Board of Governors of the Oklahoma Bar Association and John M. Williams, Executive Director of the Oklahoma Bar Association to respond filed.
2021-11-22
Petition for a writ of certiorari filed. (Response due December 27, 2021)

Attorneys

Buckeye Institute
John Joseph Park Jr.Law Offices of Jack Park, Amicus
John Joseph Park Jr.Law Offices of Jack Park, Amicus
Chief Justice and Justices of the Oklahoma Supreme Court
Kieran D. Maye Jr.Maye Law Firm, Respondent
Kieran D. Maye Jr.Maye Law Firm, Respondent
Liberty Justice Center
Daniel Robert SuhrLiberty Justice Center, Amicus
Daniel Robert SuhrLiberty Justice Center, Amicus
Mark E. Schell
Anthony John DickJones Day, Petitioner
Anthony John DickJones Day, Petitioner
National Right to Work Lega Defense Foundation, Inc.
Raymond J. LaJeunesse Jr.National Right to Work Legal Foundation, Amicus
Raymond J. LaJeunesse Jr.National Right to Work Legal Foundation, Amicus
Pacific Legal Foundation, Cato Institute, Atlantic Legal Foundation, and Reason Foundation
Deborah Joyce La FetraPacific Legal Foundation, Amicus
Deborah Joyce La FetraPacific Legal Foundation, Amicus
Pelican Institute for Public Policy
Sarah Elizabeth Roy HarbisonPelican Instititue for Public Policy, Amicus
Sarah Elizabeth Roy HarbisonPelican Instititue for Public Policy, Amicus
The members of the Board of Governors of the Oklahoma Bar Association and John M. Williams, Executive Director of the Oklahoma Bar Association
Daniel Stephen VolchokWilmer Cutler Pickering Hale and Dorr LLP, Respondent
Daniel Stephen VolchokWilmer Cutler Pickering Hale and Dorr LLP, Respondent