Boudreaux v. Louisiana State Bar Ass'n, No. 20-30086 (5th Cir. 2021)Annotate this Case
Plaintiff filed suit challenging Louisiana law that forces lawyers to join and pay annual dues to the Louisiana State Bar Association (LSBA). Plaintiff contends that compelling dues and membership violates his First Amendment rights, and that LSBA's failure to ensure that his dues are not used to fund the Bar's political and ideological activities also violates his First Amendment rights.
The Fifth Circuit reversed the district court's dismissal of plaintiff's claims. The court concluded that Lathrop v. Donahue, 367 U.S. 820 (1961), and Keller v. State Bar of California, 496 U.S. 1 (1990), foreclose plaintiff's challenge to mandatory membership in LSBA. In this case, plaintiff's claim presents the (previously) open free association question from Keller (which the court closed today in this circuit with the court's concurrently issued opinion in McDonald v. Longley, No. 20-50448, __ F.3d __ (5th Cir. 2021)). The court also concluded that the Tax Injunction Act does not preclude federal courts from exercising jurisdiction over plaintiff's challenge to mandatory dues. The court explained that the bar dues are a fee, not a tax, and thus dismissal under the Act was improper. Finally, the court concluded that plaintiff has standing to pursue his claim that LSBA does not employ adequate procedures to safeguard his dues. The court found that plaintiff has pleaded an injury-in-fact by alleging that LSBA does not regularly provide notice of its expenditures with sufficient specificity. Accordingly, the court remanded for further proceedings.