Posted on 05/26/2025 1:37:27 PM PDT by E. Pluribus Unum
This legal battle is about preserving the fundamental right of all Americans to choose which organizations and causes they support.
In courtrooms across America, a battle is being waged between state bar associations and attorneys who don’t believe the right to practice law should depend on their willingness to be associated with leftist political candidates and causes.
It’s a classic case of “join or starve,” with many states requiring lawyers to maintain membership in state bar associations, despite — or perhaps because of — the organizations’ increasingly liberal tilt.
In response, the Freedom Foundation has filed an amicus brief with the U.S. Supreme Court in Crowe v. Oregon State Bar, challenging this forced membership arrangement as a flat-out violation of freedom of association.
The argument is straightforward: Lawyers in Oregon are being forced to be members of an organization that spouts political views they reject. The Oregon bar allows dissenting members to apply for a refund of money spent on political speech but maintains the requirement that all active lawyers be members of the association.
The Ninth Circuit Court of Appeals recognized there can be a violation of the freedom of expressive association when a group speaks and it’s assumed all members support the position taken. But ultimately, the Ninth Circuit upheld Oregon’s scheme, merely requiring the bar to add a weak disclaimer to indicate that not all members of the bar share its opinion when the bar speaks on a given topic.
But the Freedom Foundation lawsuit argues this misses the point entirely. Forced association itself is the problem.
To understand the gravity of the issue, consider a parallel scenario: Imagine a journalist required to be a member of a media association that consistently promotes views contrary to his or her own, or a teacher forced to support an educational...
(Excerpt) Read more at thefederalist.com ...
The ABA is completely pozzed.
Mandatory membership in order to practice makes it a quasi governmental agency. As such it should be barred from any political action or expression.
“””As such it should be barred from any political action or expression””””
The ABA doesn’t seem to hold back when opining on judicial nominees.
It’s okay when leftists do it, so f**k you! :)
Very true.
Forced speech is unconstitutional as is forced use of the government’s tax and police powers remitted to a private, non- governmental group. Otherwise called robbery
What’s interesting is that real estate brokers and sales agents no longer are forced to join and pay money into the national/ state associations of realtors —- which is far less politicized a trade group as are many bar associations. Most remain members but they’re not forced to and that’s the point
Maybe lawyers will finally grab for themselves the same constitutional rights as the realty agents enjoy?
I’ve noticed on TV commercials that wetback, bambulance shyster lawyers are coming in to the country to get a hold of the Gringo’s money with their bambulance and “immigration” lawsuits. The crap rogue “district” lawyers will be helping them cleanup.
I can already see the far-left, Feral black robed dirtbags hiring the Mexican cartels to provide security to protect their mangy butts from the American people that they are ripping off.
I can already see the far-left, Feral black robed dirtbags hiring the Mexican cartels to provide security to protect their mangy butts from the American people that they are ripping off.
I’ve been in the practice of law for 40 years this November. I have never been a member of the American bar Association for the simple reason that they espouse political positions directly contrary to my own deeply held beliefs. It hasn’t kept me from practicing law.
I quit the ABA when it endorsed abortion.
No lawyer is required to join the ABA, and in most cases, membership fees are being covered by the law firm or corporate law department. Dues are on a ladder that increases based on years since original admission. $195 a year at 5 years to $495 a year for 20 or more. Discounted rates of $195 for government lawyers and lawyers for left wing advocacy groups, etc.
Separation of Bar and State!
To decide which licensed lawyers can practice or not is actually limiting a defendant to a fair trial.
State bar associations aren’t even governed by state laws. There is no state oversight of them; and they are not state agencies.
In the State of Washington, all state agencies must be located in Olympia per state law. The Washington State Bar Association claims they have authority over the practice of law in the state, yet their office is in the Seattle area.
The State Supreme Court has ruled that is a problem.
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