Plead the Fifth (Cir.)

A Constitutional Crisis, or a Classic Lawyer's Drama?

August 09, 2021 Leo Yu Season 1 Episode 3
Plead the Fifth (Cir.)
A Constitutional Crisis, or a Classic Lawyer's Drama?
Show Notes

Several attorneys filed lawsuits against the State Bar of Texas and the State Bar of Louisiana, alleging that some bar activities are overly political and ideological, which violated their First Amendment rights.  The challenged bar activities are primarily initiatives regarding diversity, access to justice, and immigration issues.

While the Fifth Circuit recognized the constitutional issues in these cases, the Court upheld the majority of the bar activities, concluding that those activities, although seemingly political and ideological, may survive plaintiffs' constitutional challenge under the Supreme Court's ruling in Keller v. State Bar of California.

Cases:
McDonald v. Longley, No. 20-50448; Boudreaux v. Louisiana State Bar Ass'n, No. 20-30086

Speakers:
Leo Yu, Clinical Professor at SMU Dedman School of Law 
Lynne Rambo, Emeritus Professor of Law at Texas A&M School of Law 
Brian Owsley, Assistant Professor of Law at UNT Dallas College of Law