By Khorri Atkinson (October 4, 2021, 8:51 PM EDT) — The U.S. Supreme Court on Monday declined to take up a case seeking to invalidate the Oregon State Bar’s membership requirement amid assertions that state bar associations’ mandatory fee is similar to mandated union dues the high court outlawed in its landmark 2018 Janus ruling.
The high court’s move has left in place a Ninth Circuit February order that partially revived a suit by two Oregon attorneys and Oregon Civil Liberties Attorneys, a nonprofit group. The appellate court found that neither the Supreme Court nor the circuit itself had yet addressed whether the First Amendment tolerates mandatory bar memberships.
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