No. 20-17316.

87 F.4th 1021 (2023)

Benjamin KOHN, Plaintiff-Appellant, v. STATE BAR OF CALIFORNIA; California Committee of Bar Examiners, and Their Agents in Their Official Capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 6, 2023.

Attorney(s) appearing for the Case

Gregory R. Michael (argued) and Dorothy C. Yamamoto , Michael Yamamoto LLP, Berkeley, California, for Plaintiff-Appellant.

Brady R. Dewar (argued), Ellin Davtyan , Robert G. Retana , Rita K. Himes , and Jean R. Krasilnikoff , Office of General Counsel, The State Bar of California, San Francisco, California; for Defendants-Appellees.

Julian Sarkar , SarkarLaw, San Francisco, California, for Amicus Curiae SarkarLaw.

Claudia Center , Disability Rights Education and Defense Fund, Berkeley, California; Jinny Kim , Disability Rights Advocates, Berkeley, California; Laura A. Scalia , Legal Aid At Work, San Francisco, California; for Amici Curiae Disability Rights Education and Defense Fund, Inc., Legal Aid Work, et. al.

Partial Concurrence and Partial Dissent by Judge Bumatay


For nearly forty years, the California State Bar has enjoyed Eleventh Amendment immunity in federal court. See, e.g., Lupert v. Cal. State Bar, 761 F.2d 1325, 1327 (9th Cir. 1985); Hirsh v. Justs. of the Sup. Ct. of Cal., 67 F.3d 708

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