10th Circuit affirms dismissal of attorney’s challenge against Utah State Bar lobbying

Filed 1h ago · Via Courthouse News · The Buffoon Desk

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Kevin MacLeod · incompetech.com · CC BY 4.0

Photo: Rleir · CC BY-SA 3.0 · via Wikimedia Commons

The 10th Circuit affirmed dismissal of Utah attorney Amy Pomeroy's challenge to mandatory State Bar membership, which she claimed violated her First and 14th Amendment rights by funding political positions she opposed.

Writing for the panel, Judge Joel Carson found the bar provides a process for members to identify and object to nongermane spending and seek refunds, and concluded Pomeroy failed to adequately brief her core argument on appeal, waiving it.

Judges Ebel and Federico joined the opinion; Pomeroy's attorney said she disagrees with the ruling, calling mandatory bar membership a compelled association that goes beyond regulating the legal profession.

The full dispatch is available from the source below.

✒ FROM THE EDITORIAL DESK

There's something fitting about a case over 'nongermane' activity being decided on a technicality about which brief said what. The court didn't have to weigh in on whether the bar's positions crossed a line, because nobody bothered to properly ask.

Source: Read the original at Courthouse News → Scored: Kool Kats · Kevin MacLeod · CC BY 4.0

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