Supreme Court Tosses Challenge to Mandatory Bar Membership

A North Dakota attorney challenging the constitutionality of that state’s mandatory bar association laws was denied a second chance to have his case heard by the high court.

Arnold Fleck mounted a First Amendment challenge to both compulsory membership and funding of the State Bar Association of North Dakota’s political activities.

The justices in 2018 vacated and remanded a judgment against Fleck by the U.S. Court of Appeals for the Eighth Circuit in light of Janus v. American Federation of State, County, and Municipal Employees, Council 31.

The Supreme Court said in Janus that mandatory public-sector union fees are ...