The State Bar of Texas Board of Directors filed a conditional cross-petition for a writ of certiorari with the U.S. Supreme Court in response to plaintiffs’ filing in the McDonald lawsuit challenging the mandatory bar.
Plaintiffs in the case filed a petition for writ of certiorari on November 24. The bar’s conditional cross-petition argues that the plaintiffs’ petition should be denied; however, if the petition is granted, the court should consider whether the State Bar of Texas is a government agency for purposes of the government speech doctrine and not subject to scrutiny under the First Amendment’s Free Speech Clause.
Go here to see all the filings in the case and find a summary of similar litigation against other mandatory bars.