Whether compelled membership in a bar association that engages in nongermane activities is necessarily unconstitutional and whether the Court should reconsider Keller in light of Janus

In Keller v. State Bar of California , 496 U.S. 1, 13-14 (1990), this Court held that it is constitutional for states to require attorneys to join and pay annual dues to bar associations if the bar engages only in conduct germane to regulation of lawyers or improving the quality of legal services. In doing so, it relied on Abood v. Detroit Board of Education , 431 U.S. 209 (1977). But in Janus v. AFSCME , 585 U.S. 878, 886 (2018), this Court overruled Abood . Now, there is an avowed circuit split between the Fifth and Ninth Circuits over whether forcing attorneys to join bar associations that engage in nongermane conduct necessarily violates the attorneys’ free association rights. The questions presented are: 1. Whether compelled membership in a bar association that engages in nongermane activities is necessarily unconstitutional, as the Fifth Circuit held and the Ninth Circuit rejected. 2. Whether this Court should reconsider Keller in light of Janus , and require the activities of a mandatory bar association to satisfy at least exacting scrutiny.