McDONALD v. LONGLEY

No. 20-50448.

4 F.4th 229 (2021)

Tony K. MCDONALD; Joshua B. Hammer; Mark S. Pulliam, Plaintiffs-Appellants, v. Joe K. LONGLEY, Immediate Past President of the State Bar of Texas; Randall O. Sorrels, President of the State Bar of Texas; Laura Gibson, Member of the State Bar Board of Directors and Chair of the Board; Jerry C. Alexander, Member of the State Bar Board of Directors; Alison W. Colvin, Member of the State Bar Board of Directors, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED July 2, 2021.


Attorney(s) appearing for the Case

Jeffrey Matthew Harris , Tiffany Bates , William S. Consovoy , Cameron Thomas Norris , Consovoy McCarthy, P.L.L.C., Arlington, VA, for Plaintiff-Appellants.

Thomas S. Leatherbury, Esq. , Vinson & Elkins, L.L.P., Dallas, TX, Joshua Stephen Johnson , Morgan A. Kelley , Vinson & Elkins, L.L.P., Washington, DC, Patrick W. Mizell , Vinson & Elkins, L.L.P., Houston, TX, for Defendants-Appellees.

Judd Edward Stone, II , Office of the Attorney General, Office of the Solicitor General, Austin, TX, for State of Texas.

Jason M. Panzer , Herring & Panzer, L.L.P., Austin, TX, for Amicus Curiae Texas Legal Ethics Counsel.

Macey Reasoner Stokes , Jonathan Mark Little , Baker Botts, L.L.P., Houston, TX, Madeleine Rose Dwertman, Esq. , Baker Botts, L.L.P., Austin, TX, for Amici Curiae Texas Access to Justice Commission and Texas Access to Justice Foundation.

Dylan Owen Drummond, Esq. , James Allen Moseley, Esq. , Gray Reed & McGraw, L.L.P., Dallas, TX, for Amici Curiae Former Presidents of the State Bar of Texas, Former Chairs of the Texas Bar College, and Former Chairs of the Texas Bar Council of Chairs.

Jasmine Wynton , Mackenzie Salenger , Thompson Coburn, L.L.P., Dallas, TX, for Amicus Curiae Concerned Lawyers of Color.

Before Smith, Willett, and Duncan, Circuit Judges.


Three Texas attorneys sued officers and directors of the State Bar of Texas under 42 U.S.C. § 1983. They allege that the Bar is engaged in political and ideological activities that are not germane to its interests in regulating the legal profession and improving the quality of legal services and that therefore...

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