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Conservative Political Activist Wage War Against State Bar Associations
A cursory look over the past 55 years through ten presidential administrations reveals that the political divide in this country has intensified through each presidency. The past six years, through the presidencies of Donald Trump and Joe Biden, have witnessed the political divisions become dangerous to individual liberty, social institutions, and common human decency.
Virtually every legal profession, social organization, and religious group has been impacted. This includes State Bar Associations.
The political war against State Bars began in the early 1980s with a lawsuit against the State Bar of California (“SBOC”). The lawsuit was brought by 21 attorneys affiliated with the politically conservative nonprofit public interest law firm Pacific Legal Foundation.
The attorneys charged that SBOC violated their First Amendment speech rights by using dues all attorneys had to pay to SBOC for its membership to lobby for political and ideological issues they did not support.
That lawsuit worked its way to the U.S. Supreme Court; and, in June 1990, that Court in Keller v. State Bar of California rejected the merits of the Pacific Legal Foundation lawsuit, finding that SBC could fund such political activities that were “germane” to the association.
The Court relied on a previous decision it handed down in 1977, Abood v. Detroit Board of Education, dealing with the expenditure of union dues to fund political and ideological activities.
The Keller court defined a “germane” expenditure as one necessary for the purpose of “regulating the legal profession or improving the quality of legal services in the state.”
Keller remained settled law until June 27, 2018, when the Supreme Court handed down its landmark decision Janus v. AFSCME, which effectively overruled the Abood decision upon which Keller had relied.
Janus held that public employees were no longer required to pay union dues to keep their jobs.
Janus opened the door to new assaults on state bar associations in Texas, Oregon, Oklahoma, and North Dakota. These lawsuits were instigated and funded by conservative activist groups like the Arizona-based Goldwater Project and law professors.
The three attorneys who filed their lawsuit against the State Bar of Texas(“SBOT”)—Tony McDonald, Josh Hammer, and Mark Pulliam— argued that their Free Speech rights were violated because the SBOT spent their compulsory dues on political and ideological activities they did not support.
At the time, now impeached Texas Attorney General Ken Paxton unlawfully inserted himself in this political fray without any legitimate reason, siding with the three conservative attorneys.
SBOT’s Board of Directors Chairperson, Laura Gibson, was quoted by the Texas Tribune on May 1, 2019, responding to Paxton’s typical third-rate action:
“Were we surprised by that? Absolutely. The Texas Constitution charges the attorney general, the state of Texas’ top lawyer, with defending our state laws and our state constitution. He’s charged with representing the state in litigation that challenges state laws or in lawsuits against state agencies or state employees … In our view, the state Constitution doesn’t allow the attorney general to pick and choose which laws he is willing to defend.”
The SBOT lawsuit was summarily dismissed on May 30, 2020, by U.S. District Court Judge Lee Yeakel, who sat in Austin before his May 31, 2023 retirement.
However, on July 2, 2021, a three-judge panel of the Fifth Circuit Court of Appeals reversed Judge Yeakel, siding with the three attorneys. The appeals court in McDonald v. Longley effectively enjoined SBOT from requiring the attorney to either join or pay dues to the Bar pending the case’s final outcome.
By the time the Fifth Circuit handed down the McDonald decision, at least six lawsuits were pending, filed by attorneys in 31 states making the same challenges against bar associations.
The same three-judge panel that decided McDonald also revived a lawsuit against the Louisiana State Bar Association that a lower federal court had previously dismissed.
Before the SBOT could effectively digest the legal implications of McDonald, local Houston attorney Robert “Bob” Bennett (and other local attorneys) filed a class-action lawsuit in the local U.S. District Court claiming that the SBOT was “flouting” the McDonald decision by continuing to demand membership dues and not offering refunds.
The Bennett-led class action lawsuit was represented by Rich Robbins of Robbins Legal Services—a group with a history of being highly critical of the SBOT’s expenditure of membership dues. The SBOT countered the class action lawsuit by employing the services of the prominent Houston law firm, Vinson&Elkins, to defend itself against this legal action.
The firm was successful in having that lawsuit dismissed in August 2022.
In the meantime, the lawsuit against the Louisiana State Bar Association was working its way through the Louisiana federal court system. That lawsuit, Boudreaux v. Louisiana State Bar Association, had been remanded back to the U.S. District Court by the Fifth Circuit for additional legal proceedings.
Following a bench trial, the district court, on August 8, 2022, issued its Findings of Fact and Conclusions of Law, which ruled in favor of the Louisiana State Bar Association.
Attorney Boudreaux once again timely appealed the lower court dismissal to the Fifth Circuit. Again, He is represented by the Goldwater Institute and the Pelican Institute for Public Policy, another politically conservative activist group.
The Fifth Circuit held oral argument on this matter on July 11, 2023.
In July 2022, the American Bar Association weighed in on the internecine legal warfare between political activist attorneys and state bar associations this way:
“In June 2018, the Supreme Court of the United States ruled in Janus v. AFSCME that unions could no longer collect mandatory ‘fair share’ fees to cover the costs of collective bargaining, reversing a 40-year precedent.
“Several attorneys and organizations took this ruling as a signal that it was a good time to bring new First and/or Fourth Amendment cases against mandatory bars or revive old challenges, in part because of the belief that Janus was relevant to mandatory bars and might overrule the precedent set by the Court’s 1990 decision in Keller v. State Bar of California. In short, the Keller decision says that mandatory bars can use dues or membership fees to support political activities with which some members disagree, as long as those activities are ‘germane’ to the bar’s purpose of regulating the profession or improving legal services.
“Janet Welch, the recently retired executive director of the State Bar of Michigan and a close observer of challenges to mandatory or integrated bars, says proponents of the mandatory bar model rightfully have taken heart from the U.S. Supreme Court’s denial of certiorari in the challenges to post-Janus district and federal court rulings. Those courts have said that only the U.S. Supreme Court can decide whether Janus abrogates Keller.
“However, Welch notes, the 9th, 10th, and 5th circuits have ‘opened the door to an adverse decision to the integrated bar based on a freedom of association rather than freedom of speech claim.’ Also, she says, some courts have spoken approvingly of the California model in which the mandatory bar retained only its regulatory functions and a new voluntary bar was formed to carry out all of the others.
“Mandatory bars that do not continue to take seriously the need to focus their activities and statements on regulation of the legal profession and improvements in the quality of legal services risk adverse decisions in the future,’ Welch adds.”
What will happen in the end with the Boudreaux, McDonald, or Bennett class action lawsuits is anyone’s guess.
Today, terms like “speech” and “freedom” have no semblance to their legal and social meaning compared to June of 1788, when the U.S. Constitution was ratified.
In 1788, free “speech” belonged only to white male land owners age 35 or older, and “freedom” was the right to enslave Africans, commit acts of wholesale genocide against Native Americans, and pillage a stolen land of its natural resources as part of some constitutional-claimed “manifest destiny.” But, it is this concept of freedom that Constitutional originalists will rely upon.
Whatever the merits of their claims, the decision the U.S. Supreme Court ultimately renders in lieu of Keller and Janus will be politically motivated, most likely written by one of its three recently scandalized “conservative” justices. Ironically, these Justices, and their ilk, who have historically argued against judicial activism, have become the most dramatic activist justices in recent times.
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John T. Floyd Law Firm
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John Floyd Law Firm is highly recommended for your legal needs. He and his staff are highly professional in every aspect. Easy and comfortable feeling talking with him, and he understands … More your needs and explains your legal advice in a way you can understand. Enough just cant be said. Thank You Sir.Positive
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What I liked the most was that he actually returned my phone after leaving a message unlike pretty much everyone else I called prior. He listened and answered my question with the best … More advice that would benefit me the most. I was actually lost from moving to Texas from a different state we’re laws vary and he pointed me toward the right direction to get a understanding of if I need to do business with him now or after I contact a lawyer in my home state.
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John is honestly the best! The whole team is. He answered me in a timely manner and helped me when my friend was going through a situation in Houston, Texas as an inmate. He was so … More thorough, honest, and without charging me sent me so much information because I was out of the loop. He never once tried to take you for your money, he did all that he could to. help me and I can't thank him enough.
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I have used John on two occasions and found him to have full knowledge of Texas law, diligent, creative in plan, and aggressive in defense. He is the best criminal defense attorney … More in the State of Texas. No reason to look elsewhere.
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Attorney Floyd replied very timely to my inquiry and he provided practical advice. I will not hesitate to contact him in the future if I need additional legal counsel.
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Very knowledgeable and professional. I called and left a message Friday morning and before end of business that day I received a call back.Positive
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Very helpful highly recommended for any Question / case will definitely keep he's name and number for any other legal advice
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Excellent service and a lawyer that doesn't lie. He does what he says. JW recommends him.
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One of the best services Ive used in awhile. Thank you for all the help and answers. You got my life back. Thank youPositive
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Im impressed. This guy was polite and professional and most important...he listened.
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Good experience and very good lawyer
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It was a pleasure speaking with John. He is knowledgeable and has a true desire to help the people of society. I turned to him for some guidance of a long-standing issue. He never … More rushed our conversation and went out of his way to look into the details to provide the right answer as well as assist me anyway he could. Thank you for our conversations and I wish your and your firm the best. If you need a lawyer, John Floyd is your guy!
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One of the few honest lawyers I have ever talked to. His complimentary consultation was knowledgeable and thorough. He knew exactly what the issue was and how to handle it. His candid … More appraisal of the situation and how to proceed saved me thousands of dollars in legal fees. If you have a case requiring expertise in John's area of practice, look no further. Hire this man!
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He took time out of his day to answer my legal questions and didn’t even charge me. I would definitely recommend him to you.
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Gave free consultation on getting gun rights back. He truly cares about gun rights and getting you the help you deserve. 100% worth a callPositive
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Very professional, great quality work, and very friendly and helpful. Overall, their service is phenomenal. I recommend Mr. Floyd to anyone.
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Mr. Floyd took the time to explain his experience with the law to me in layman's terms. Definitely give him a call.Positive
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He was honest , knowledgeable , and professional about what we talked about. Most lawyers are just about the money , but not john.Positive
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He was very truthful and honest with us very great man I would recommend him and we would use him again
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Very professional honest and works hard currently working my husband’s appeal I pray he does his best workPositive
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I contacted John T. Floyd Law firm and I was very satisfied with service extremely helpful and friendly thank you Mr. FloydPositive
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I would highly recommend Mr Floyd. He was very helpful and knowledge with a legal question I had.Positive
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He explained my case better then any other lawyerPositive
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Very informative
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Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
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Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
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I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
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I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
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It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
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Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
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Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
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I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
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John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
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What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
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Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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Great service, very knowledgable and happy to help with any questions I had
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Quick to action and helpful and knowledgeable with entertainment industry based issues!
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Responded on a holiday week. Very knowledgeable and reassuring.
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Very professional
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I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
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The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
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From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
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I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
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These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
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John and Chris are true professionals! Love those guys like family!
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Mr. Floyd and his team are very knowledgeable, informative, and helpful.
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A team you can depend on to stand up and fight for you to prove the truth the whole truth!
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Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
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The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
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I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
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I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
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Extremely helpful!!! Helping me understand the law.
John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization
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